In a recent article for the American Bar Association’s Antitrust Law Section Antitrust magazine, Brattle Principals Michael Cragg and Daniel Fanaras and Senior Consultant Daniel Gaynor addresses the nuanced antitrust issues associated with professional sports league broadcasts.
Nearly ten years after the Supreme Court’s decision in American Needle, Inc. v. National Football League, many courts still disagree on how to classify professional sports collaborations. US professional sports leagues operate ventures with a limited membership that is designed to create prudent incentives and efficiencies that could not be achieved by any team or set of teams. In this context, the authors explore the fundamental economic question related to broadcast rights: What are the economic principles in play in the context of league rules or policies that limit the ability of individual teams to broadcast venture-created games on their own?
Read the full article below.