Factors in the Formation and Development of Professional Sports Leagues
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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. -
CASE 11 Sports League Issues: the Relocation of the Los Angeles
CASE 11 Sports League Issues: The Relocation of the Los Angeles Rams to St. Louis (1998) Franklin M. Fisher, Christopher Maxwell, and Evan Sue Schouten INTRODUCTION Sports leagues raise unique antitrust issues. Although most leagues consist of a collection of separately owned teams, each team is dependent on the others. No team could play even a single game without the cooperation of another team, and the production of a season of sports games, culminating in a championship, requires the joint efforts of all of the teams in the league. As a result, the question arises whether such a league is a single entity or a group of cooperating competitors. Are the league’s rules pro-competitive, or do they constitute collusive restraint of trade? Such issues have often challenged the courts. Their resolution is made no easier by the fact that they often arise in a proceeding brought by one of a league’s member teams against the league or against the other members. In such cases, the plaintiff team often asserts that the league’s rules are an- ticompetitive restraints on the freedom of its members. Evidently, there are situations in which the interests of a league as a whole and those of one or more individual members fail to coincide. Nowhere has this phenomenon been more evident than in cases in- volving the relocation of team franchises. In the National Football League (NFL, or “the League”), the most famous cases are those stemming from Portions of this chapter were taken from Fisher et al. (2000). 277 THE ANTITRUST REVOLUTION the move of the Oakland Raiders to Los Angeles and then back again.1 Partly in response to the 1984 and 1986 cases, the NFL developed a process for making relocation decisions, a process that sometimes involves a relo- cation fee paid to the League. -
Development, Evolution, and Bargaining in the National Football League
DEVELOPMENT, EVOLUTION, AND BARGAINING IN THE NATIONAL FOOTBALL LEAGUE Thomas Sisco The National Football League [hereinafter: NFL] is the most popular professional sports organization in the United States, but even with the current popularity and status of the NFL, ratings and the public perception of the on-field product have been on steady decline.1 Many believe this is a byproduct of the NFL being the only one of the 4 major professional sports leagues in the country without a self-controlled system for player development. Major League Baseball [hereinafter: MLB] has a prominent and successful minor league baseball system, the National Hockey League has the American Hockey League and East Coast Hockey League, the National Basketball Association [hereinafter: NBA] has the 22 team development league widely known as “The D- League”, but the NFL relies on the National Collegiate Athletic Association [hereinafter: NCAA] to develop young players for a career in their league. The Canadian Football League and the Arena Football League are generally inadequate in developing players for the NFL as the rules of gameplay and the field dimensions differ from those of NFL football.2 NFL Europe, a developmental league founded by Paul Tagliabue, former NFL Commissioner, has seen minor success.3 NFL Europe, existing by various names during its lifespan, operated from 1991 until it was disbanded in 2007.4 During its existence, the NFL Europe served as a suitable incubator for a 1 Darren Rovell, NFL most popular for 30th year in row, ESPN (January 26, 2014), http://www.espn.com/nfl/story/_/id/10354114/harris-poll-nfl-most-popular-mlb-2nd, . -
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 ................................................... -
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 ................................................................................................................................ -
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 ........................................................................ -
Luncheon Chair Luncheon Co-Chairs 2017 Committee
LUNCHEON CHAIR Sean McManus CBS Sports LUNCHEON CO-CHAIRS Mark Lazarus David Levy Peter Nelson Eric Shanks John Skipper NBC Sports Group Turner Broadcasting Systems, Inc. HBO Sports FOX Sports ESPN 2017 COMMITTEE MEMBERS Alyssa Atzeff Bryan Harris Tony Ponturo Steiner Sports Marketing, Inc. TAYLOR Ponturo Management Group, LLC Steiner Sports Memorabilia, Inc. Steven G. Horowitz Michael J. Principe Charles H. Baker Inner Circle Sports LLC TLA Worldwide plc DLA Piper W. Drew Hawkins Steve Raab Jared F. Bartie Morgan Stanley Global Sports & SportsNet New York Herrick, Feinstein LLP Entertainment Jay Rosenstein Robert C. Basche Howard Katz Headline Media Management Connect Sports & Entertainment National Football League Steve Rosner David Berson Michael Levine 16W Marketing, LLC CBS Sports CAA Sports Alec Shapiro Peter P. Bevacqua Jon Litner SONY Professional Solutions America PGA of America YES Network Lewis Sherr Joseph Cohen Hillary Mandel United States Tennis Association The Switch, Sports IMG Media Adam Silver Karen Cowen Steve Margosian National Basketball Association Cowen Media NBC Sports Group Dennis Spencer Bob Cramer Bernadette McDonald Lagardère Sports The Coca-Cola Company Major League Baseball Peter Stern Janis Delson Jon Miller The Strategic Agency Jade Media NBC Sports Group Suzanne Taddei Tracy Dolgin Jim O’Connell Tiffany & Co. YES Network, LLC NASCAR Steve Ulrich Jeff Filippi Scott O’Neil National Academy of Television MSG Networks, Inc. New Jersey Devils, Prudential Arts & Sciences Center, Philadelphia 76ers Don Garber LeslieAnne Wade Major League Soccer Neal Pilson Faldo Enterprises Pilson Communications, Inc. Michael Glantz Richard Weiss Headline Media Management Jon Podany SportsBusiness Journal LPGA Joshua Greenberg Catherine Yancy U.S. -
Gold Sponsors Print Media Sponsor PR/Social Media Sponsor Mission
Mission Sponsor Gold Sponsors Print Media Sponsor PR/Social Media Sponsor Abraham D. Madkour John Ruzich SportsBusiness Journal LEGENDS Scott Shapiro Hillary Mandel Sinclair Broadcast Group LUNCHEON CHAIR LUNCHEON CO-CHAIRS IMG Media Sean McManus, CBS Sports Pete Bevacqua, NBC Sports Group Rob Shaw Lenny Daniels, Turner Sports Steve Margosian Facebook Jimmy Pitaro, ESPN NBC Sports Group Eric Shanks, FOX Sports Lewis Sherr Bernadette McDonald United States Tennis Association COMMITTEE MEMBERS Major League Baseball Charles Baker Gary Gertzog Adam Silver O’Melveny & Myers LLP Fanatics Jon Miller National Basketball Association NBC Sports Group Jared Bartie Michael Glantz ICM Partners Scott Soshnick O’Melveny & Myers LLP Sandy Montag Sportico The Montag Group Robert C. Basche Joshua Greenberg Dennis Spencer Sygnificant Productions Bank of America Scott O’Neil Sportfive Private Bank Harris Blitzer David Berson Sports & Entertainment Bill Squadron CBS Sports Bryan Harris TAYLOR Neal Pilson Genius Sports Pilson Joseph Cohen Steven G. Horowitz The Switch, Sports Communications, Inc. Peter Stern Inner Circle Sports LLC The Strategic Agency Tony Ponturo Karen Cowen Kelly Hyne Ponturo Management Group, LLC Steve Ulrich Cowen Media LPGA National Academy Jason R. Coyle Michael J. Principe of Television Arts & Sciences Howard Katz GSE Worldwide Stadium National Football League LeslieAnne Wade Steve Raab Janis Delson Nick Kelly Wade Media Management SportsNet New York Jade Media Anheuser-Busch Seth Waugh Michael Levine Jeff Filippi Jay Rosenstein PGA -
The NFL Salary Cap and Veteran Players' Salaries
Archives of Business Research – Vol.5, No.7 Publication Date: July. 25, 2017 DOI: 10.14738/abr.57.3436. McIntyre, K. H. (2017). The NFL Salary Cap and Veteran Players’ Salaries. Archives of Business Research, 5(7), 1-11. The NFL Salary Cap and Veteran Players’ Salaries K. H. McIntyre Department of Economics & Business Administration McDaniel College, Westminster, MD, USA ABSTRACT The salary structure and process of wage determination in the American National Football League (NFL) is perhaps unique among professional sports: contracts are not guaranteed, careers tend to be very short, and the league operates under a salary cap that limits teams’ payrolls. Thus, while a fairly well-defined set of performance metrics exists for most professional football players, the usual relationship between measured performance and compensation—i.e. higher productivity translates into higher pay - may be blurred, empirically observable, or even nonexistent. This paper investigates this issue using a four-year panel of veteran professional football players. Our analysis suggests that although performance plays a role in determining salaries in the NFL, experience, durability, and mobility are the most important factors veteran player compensation. Keywords: National Football League (NFL), professional athletics, wage determination, salary cap. INTRODUCTION Anyone who has ever listened to sports talk radio knows that the pay scale for professional athletes is one of the favorite topics of discussion among sports fans and members of the media, especially around draft days, free agency periods, and trade deadlines. This should not be surprising: the business of sports has never been bigger or more closely scrutinized, and athletics and sundry merchandising more aggressively marketed; professional athletes’ salaries are simply part of this trend. -
MLS As a Sports Product – the Prominence of the World's Game in the U.S
MLS as a Sports Product – the Prominence of the World’s Game in the U.S. Stephen A. Greyser Kenneth Cortsen Working Paper 21-111 MLS as a Sports Product – the Prominence of the World’s Game in the U.S. Stephen A. Greyser Harvard Business School Kenneth Cortsen University College of Northern Denmark (UCN) Working Paper 21-111 Copyright © 2021 by Stephen A. Greyser and Kenneth Cortsen. Working papers are in draft form. This working paper is distributed for purposes of comment and discussion only. It may not be reproduced without permission of the copyright holder. Copies of working papers are available from the author. Funding for this research was provided in part by Harvard Business School. MLS as a Sports Product – the Prominence of the World’s Game in the U.S. April 8, 2021 Abstract The purpose of this Working Paper is to analyze how soccer at the professional level in the U.S., with Major League Soccer as a focal point, has developed over the span of a quarter of a century. It is worthwhile to examine the growth of MLS from its first game in 1996 to where the league currently stands as a business as it moves past its 25th anniversary. The 1994 World Cup (held in the U.S.) and the subsequent implementation of MLS as a U.S. professional league exerted a major positive influence on soccer participation and fandom in the U.S. Consequently, more importance was placed on soccer in the country’s culture. The research reported here explores the league’s evolution and development through the cohesion existing between its sporting and business development, as well as its performance.