The Impact of Sports League Structure on Fan Welfare
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The Economics of Professional Sports League Broadcasts
Antitrust , Vol. 34, No. 1, Fall 2019. © 2019 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. The Economics of Professional Sports League Broadcasts BY MICHAEL CRAGG, DANIEL FANARAS, AND DANIEL GAYNOR T HAS BEEN NEARLY TEN YEARS SINCE on its own; cooperation from other teams and the league is the Supreme Court’s American Needle decision, 1 and essential. 5 one might think that sports-related antitrust litigation As with many other collaborations, U.S. professional would have generated greater clarity for both legal and sports leagues operate ventures with a limited or “closed” economic principles relating to professional leagues membership that is designed to create incentives and effi - Igenerally, and those involving the output of sports leagues, ciencies that could not be achieved outside the league context. specifically. But this has not been the case. Many courts con - Each league, for example, has a set number of teams and play - tinue to struggle with myriad issues relating to professional ers as well as uniform equipment and playing rules. And the sports collaborations: defining broadcast “output,” deter - league, at the venture level, directs and coordinates the mar - mining what is (and is not) a venture-level product, assessing keting and the sale of broadcast rights, which typically are dis - various justifications of venture-level restraints, and con - tributed through league-wide agreements or those subject to structing the proper “but-for world” under a rule of reason restrictions determined by the venture. -
Documented by Former NCAA President Walter Byers and C.H
Nos. 20-512 & 20-520 In The Supreme Court of the United States ♦ NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Petitioner, v. SHAWNE ALSTON, ET AL., Respondents, ♦ AMERICAN ATHLETIC CONFERENCE, ET AL., Petitioners, v. SHAWNE ALSTON, ET AL., Respondents. ♦ On Writs of Certiorari to the United States Court of Appeals for the Ninth Circuit ♦ BRIEF OF AMICI CURIAE SPORTS ECONOMISTS IN SUPPORT OF RESPONDENTS ♦ DANIEL J. WALKER ERIC L. CRAMER Counsel of Record MARK R. SUTER BERGER MONTAGUE PC BERGER MONTAGUE PC 2001 Pennsylvania Avenue, NW 1818 Market Street Suite 300 Suite 3600 Washington, DC 20006 Philadelphia, PA 19103 (202) 559-9745 [email protected] Counsel for Amici Curiae Sports Economists March 10, 2021 i TABLE OF CONTENTS INTEREST OF AMICI CURIAE ......................................... 1 SUMMARY OF ARGUMENT .............................................. 2 ARGUMENT ......................................................................... 3 I. Relevant Economic Research ............................... 3 A. Economics Research on College Sports ..... 3 B. Relationship of Economics Research to This Case ................................... 4 II. The NCAA Is Not a Sports League ....................... 5 A. Conferences and Independents Perform the League Function in College Sports ................................................. 6 B. The NCAA Is Not a League ......................... 10 III. The NCAA Is Not a College Sports Production Joint Venture .................................... 13 A. The NCAA Does Not Produce College Sports .............................................. -
What NCAA V. Alston Means for Professional Sports Leagues Jodi S
What NCAA v. Alston Means for Professional Sports Leagues Jodi S. Balsam* The Supreme Court in Alston held that the National Collegiate Athletic Association (NCAA) and its member conferences violated the antitrust laws by collectively restricting, in the name of amateurism, the education-related benefits offered to college athletes.1 While the Court accepted that NCAA amateurism serves consumers by offering a brand of athletic contests distinct from professional sports, it found the NCAA’s fluctuating and incoherent definition of amateurism insufficient to justify the breadth of its student-athlete compensation rules.2 As a result, student athletes will now have access to, for example, graduate or vocational school tuition, payments for academic tutoring, paid post-eligibility internships, and similar education- related benefits, as long as these benefits are not tantamount to a professional athlete’s salary.3 Despite this defeat for the NCAA joint venture, the Court recognized the value of joint ventures generally, and clarified the framework for evaluating their competitive impact. Specifically referring to sports leagues, the unanimous Alston Court warned the lower courts against reflexively condemning joint venture arrangements that are necessary to create a product and advised deference to the business judgments of venture participants.4 Mining that vein of thought, this essay identifies three significant take-aways for professional sports leagues from the Alston decision: (1) “quick look” review is generally not appropriate to summarily disapprove sports league coordinated conduct under the antitrust laws; (2) “rule of reason” antitrust analysis does not require sports leagues to structure their business in the “least restrictive” way; and (3) to the extent a professional sports league is more analogous to an individual college athletic conference, as opposed to the entire NCAA, member clubs may have more latitude to coordinate their conduct without violating the antitrust laws. -
17Th Plenary Session
The Congress of Local and Regional Authorities 20 th SESSION CG(20)7 2 March 2011 Local elections in Ukraine (31 October 2010) Bureau of the Congress Rapporteur: Nigel MERMAGEN, United Kingdom (L, ILDG)1 A. Draft resolution....................................................................................................................................2 B. Draft recommendation.........................................................................................................................2 C. Explanatory memorandum..................................................................................................................4 Summary Following the official invitation from the Minister of Foreign Affairs of Ukraine to observe the local elections on 31 October 2010, the Congress appointed an observer delegation, headed by Gudrun Mosler-Törnström (R, Austria, SOC), Member and Vice-President of the State Parliament of Salzburg. Councillor Nigel Mermagen (L, UK, ILDG) was appointed Rapporteur. The delegation was composed of fifteen members of the Congress and four members of the EU Committee of the Regions, assisted by four members of the Congress secretariat. The delegation concluded, after pre-election and actual election observation missions, that local elections in Ukraine were generally conducted in a calm and orderly manner. It also noted with satisfaction that for the first time, local elections were held separately from parliamentary ones, as requested in the past by the Congress. No indications of systematic fraud were brought -
Deliberazione N. 2/2021/SCBOLZ/CSE Sezione Di
Deliberazione n. 2/2021/SCBOLZ/CSE Sezione di controllo per il Trentino-Alto Adige/Südtirol Sede di Bolzano Collegio di controllo sulle spese elettorali Elezioni amministrative 2020 del Comune di Bolzano Seduta del 10 marzo 2021 composto dai magistrati: Presidente Josef Hermann RÖSSLER Consigliere Irene THOMASETH Consigliere Alessandro PALLAORO VISTA la legge 10 dicembre 1993, n. 515 e successive modifiche ed integrazioni, recante norme sulla “Disciplina delle campagne elettorali per l’elezione alla Camera ed al Senato della Repubblica”; VISTA la legge 6 luglio 2012, n. 96 e successive modifiche ed integrazioni, e, in particolare, l’art. 13, comma 6, che attribuisce al Collegio istituito presso le Sezioni regionali di controllo della Corte dei conti la verifica della conformità alla legge delle spese sostenute da partiti, movimenti, liste e gruppi di candidati per le campagne elettorali nei Comuni con popolazione superiore a 30.000 abitanti; VISTA la deliberazione della Sezione delle Autonomie della Corte di conti n. 24 del 1° ottobre 2013, che approva i “Primi indirizzi interpretativi inerenti l’applicazione dell’art. 13 della legge 6 luglio 2012, n. 96, sul controllo delle spese elettorali nei Comuni con popolazione superiore a 15.000 abitanti”; VISTA la deliberazione della Sezione delle Autonomie della Corte di conti n. 12 del 15 aprile 2014, che enuncia i principi di diritto a cui si devono conformare le Sezioni regionali di controllo ai sensi dell’art. 6, comma 4, del decreto-legge 10 ottobre 2012, n. 174, convertito in legge 7 dicembre 2012, n. 113; 1 VISTO il decreto n. 8/2020 del Presidente di questa Sezione regionale di controllo, con il quale viene nominato il Collegio di controllo sulle spese elettorali; VISTA la deliberazione n. -
MATCHING SPORTS EVENTS and HOSTS Published April 2013 © 2013 Sportbusiness Group All Rights Reserved
THE BID BOOK MATCHING SPORTS EVENTS AND HOSTS Published April 2013 © 2013 SportBusiness Group All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the permission of the publisher. The information contained in this publication is believed to be correct at the time of going to press. While care has been taken to ensure that the information is accurate, the publishers can accept no responsibility for any errors or omissions or for changes to the details given. Readers are cautioned that forward-looking statements including forecasts are not guarantees of future performance or results and involve risks and uncertainties that cannot be predicted or quantified and, consequently, the actual performance of companies mentioned in this report and the industry as a whole may differ materially from those expressed or implied by such forward-looking statements. Author: David Walmsley Publisher: Philip Savage Cover design: Character Design Images: Getty Images Typesetting: Character Design Production: Craig Young Published by SportBusiness Group SportBusiness Group is a trading name of SBG Companies Ltd a wholly- owned subsidiary of Electric Word plc Registered office: 33-41 Dallington Street, London EC1V 0BB Tel. +44 (0)207 954 3515 Fax. +44 (0)207 954 3511 Registered number: 3934419 THE BID BOOK MATCHING SPORTS EVENTS AND HOSTS Author: David Walmsley THE BID BOOK MATCHING SPORTS EVENTS AND HOSTS -
The Roger Goodell Standard: Is Commissioner Authority Good for Sports?
MONDELLI 2017 THE ROGER GOODELL STANDARD: IS COMMISSIONER AUTHORITY GOOD FOR SPORTS? Michael Mondelli* I. INTRODUCTION .............................................................................. 192 II. THE POWERS THE COMMISSIONERS OF THE NFL, MLB, NBA, AND NHL ........................................................................................ 194 A. The MLB Commissioner’s Authority .............................. 194 B. The NHL Commissioner’s Authority .............................. 196 C. The NBA Commissioner’s Authority .............................. 198 D. The NFL Commissioner’s Authority .............................. 200 E. The Ubiquity of “The Best Interest of the League” Clause ............................................................................ 201 III. ANALYSIS OF LEGAL RAMIFICATIONS OF COMMISSIONER DISCIPLINE ILLUSTRATED BY DEFLATEGATE ........................ 202 A. Deflategate: Before the Courts ....................................... 203 B. NFL Mgmt. Council v. NFL Players Ass’n .................... 205 C. Goodell’s Appeal: NFL Mgmt. Council v. NFL Players Ass’n ............................................................................... 207 IV. LEGISLATION IN OPPOSITION TO THE “BEST INTEREST OF THE LEAGUE” CLAUSE .................................................................. 209 A. Why Commissioner’s Broad Authority Is Unfair and Creates Wide-Ranging Problems ................................. 209 B. Privacy and Constitutional Rights Legislation .............. 213 C. Arbitration Legislation ................................................... -
Fuel-Tank Manufacturer Plans Large-Scale Expansion
KESSEL’S HAT TRICK LIFTS US HOCKEY, SPORTS B1 LEESBURG, FLORIDA Monday, February 17, 2014 www.dailycommercial.com PRISONS: Use of smuggled LIVING HEALTHY: Study ties cellphones on the rise, A3 weather to stroke rates, C1 Kerry: Climate change is world’s ‘most fearsome’ WMD MATTHEW LEE shoddy science and scientists gled out big oil and coal con- AP Diplomatic Writer to delay measures needed to re- cerns as the primary offenders. JAKARTA, Indonesia — Cli- duce emissions of greenhouse “We should not allow a tiny mate change may be the gases at the risk of imperiling minority of shoddy scientists world’s “most fearsome” weap- the planet. He also went after and science and extreme ideo- on of mass destruction and ur- those who dispute who is re- logues to compete with sci- gent global action is needed sponsible for such emissions, entific facts,” Kerry told the to combat it, U.S. Secretary of arguing that everyone and ev- audience gathered at a U.S. State John Kerry said on Sun- ery country must take responsi- Embassy-run American Cen- day, comparing those who bility and act immediately. ter in a Jakarta shopping mall. deny its existence or question “We simply don’t have time “Nor should we allow any its causes to people who insist to let a few loud interest groups room for those who think that the Earth is flat. hijack the climate conversa- the costs associated with doing In a speech to Indonesian stu- tion,” he said, referring to what the right thing outweigh the benefits.” EVAN VUCCI / AP dents, civic leaders and govern- he called “big companies” that “The science is unequivo- U.S. -
Federal Communications Commission FCC 02-287 Before the Federal
Federal Communications Commission FCC 02-287 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Implementation of the Satellite Home Viewer ) Improvement Act of 1999: ) CS Docket No. 00-2 ) Application of Network Non-Duplication, ) Syndicated Exclusivity, and Sports Blackout ) Rules To Satellite Retransmissions of Broadcast ) Signals ) ORDER ON RECONSIDERATION Adopted: October 10, 2002 Released: October 17, 2002 By the Commission: TABLE OF CONTENTS Paragraph I. INTRODUCTION ........................................................................................................................... 2 II. BACKGROUND AND SUMMARY OF PETITIONS................................................................... 3 III. ORDER ON RECONSIDERATION............................................................................................... 4 A. Transition Phase-In Period.................................................................................................. 4 B. Sports Blackout Rule .......................................................................................................... 6 1. The sports blackout rule applied to retransmission of network stations. ............... 6 2. Forty-eight hour Notification Period ..................................................................... 9 C. Definition of “Local” for Purposes of the Application of the Sports Blackout Rules ................................................................................................................................ -
To Be Built Here Epworth Leaguers and Their Dr
■ \ ' i.. ~ ■ I .GE EIGHTEEN FRIDAY, NOVEMBER 5, 1954 . /■ iHanrtifatpr lEv^hftts HrraUt c* ■ Am iite DaUy Net Pm a Rna The Loyal OUxle t€ Kings Far the Weak Kneed The Wegthet Ont St, 1964 Oauiditers wiU mest at the'Osnter b y Bank Promotiii^ reraerad of U. K WfiatlMr utTown ChupCli Monday evening at 7:45. Certified Board Surj^cal dresiings for the hospital Vartable ekmdtoeae tort eOtorw be folded. Members of the rs- Popular Servifc^ 11,558 Chairman Ed Serrell haa called wlae Hair, aet gafto aeioM toaighfi. a meeting of the Elke’ Pan-Cake freshment commltt^ sre Mrs. r ef the AnOt Feetival Tor tonight at the Laiflon Harold Belcher ancTvMrs. Emil , The Savinge Bank of Manches 6 / o n / at OIranMtfen Mghnr Kottke. ter is using modem retail mer. of thil committee are requea^ to chandlsing methods as it engages City of VUlago Clfarm attend ■ / ' Members of Lakota C oun^ No. in a special campaign thia month 61. Degree of Pocohontss, are to promote one of its sarvices call VOL. LXXiy, NO. S2 (TWELVE PAGES) Emanuel Brotherhood'Will meet quested to meet in front of ed the Savinga-Ihsurance Club. MANCHESTER, CONN^ SATURDAY, NOVEMBER «, 1954 (ClaaalfM AdverUahic an Page 19) PRICE nVE CENTS tonight at 7:S0 in Jjxttkr Hall. At W. P. Quish Funeral Home, 225 The Savings Bank, ia displaying a p.m. a debate wUt be baaed on Main 8t„ tonight St 7:30 to pay colorful banners, posters and pen t • : the aubject "ReaolWKl toat all Mi- respects to Pasqusls Vendrillo, nants in the lobby and is dis ■ theran bodies in America ahould whose son. -
Scope and Authority of Sports League Commissioner Disciplinary Power: Bounty and Beyond
Scope and Authority of Sports League Commissioner Disciplinary Power: Bounty and Beyond Adriano Pacifici I. Introduction ................................................................................................... 93 II. Creation and Evolution of today’s “Commissioner” .................................... 95 III. Power of Commissioners’ Review Under Each League’s Current CBA, Constitution, and By-Laws .......................................................... 99 A. Major League Baseball ................................................................... 100 B. National Hockey League ................................................................ 101 C. National Basketball League ............................................................ 102 D. National Football League ............................................................... 103 IV. NFL’s Disciplinary Review Issues through the lens of the “BountyGate” Scandal ......................................................................... 105 A. Background ..................................................................................... 105 B. Commissioner Goodell’s Initial Decision, & Decision on Appeal .......................................................................................... 106 C. NFLPA Files Lawsuit ..................................................................... 107 D. Evident Partiality ............................................................................ 108 E. Tagliabue Decision ........................................................................ -
A Model of Promotion and Relegation in League Sports
A Model of Promotion and Relegation in League Sports John Jasina Claflin University School of Business Kurt Rotthoff Seton Hall University Stillman School of Business Last working version, final version published in: Journal of Economics and Finance Volume 36, Issue 2, April, Pages 303-318 The final publication is available at www.springerlink.com: http://www.springerlink.com/content/f6862826t6w54663/?p=7684fbc045744b4ba122f29165ab4 eff&pi=26 Abstract Sports leagues in different parts of the world are set up in different ways, some as open leagues and some as closed leagues. It has been shown that spending on players is higher in open leagues (Szymanski and Ross 2000 and Szymanski and Valletti 2005). This paper extends these studies, finding that sports leagues that practice promotion and relegation will have unambiguously higher aggregate spending on player talent than closed leagues. This will lower profits in the open league, but increase fan welfare. John Jasina is can be contacted at: [email protected], Claflin University, 400 Magnolia St., Orangeburg, SC 29115 and Kurt Rotthoff at: [email protected], Seton Hall University, JH 621, 400 South Orange Ave, South Orange, NJ 07079. We would like to thank Skip Sauer, Mike Maloney, Curtis Simon, and Hillary Morgan for helpful comments. Any mistakes are ours. 1 1. Introduction Most North American sports leagues are closed leagues that operate with a fixed set of teams every season. This differs from other leagues throughout the world that have open leagues that practice promotion, or a team from a lower division being promoted to a higher league, and relegation, where the lowest teams of a given division are demoted to a lower division.