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We have significant expertise providing economic analysis across a wide variety of issues involving the media industry. Our experience spans antitrust, intellectual property, and regulatory matters, where we apply economic tools to complicated issues of value and value creation in this copyright-based sector.

Recent engagements include evaluating the economic implications of acquisitions in the television and news industries, evaluating claims of antitrust violations and other anticompetitive behavior, and presenting analyses estimating the value of music and television programming licensing before regulatory bodies. Our clients include media companies, content owners and other rightsholders, and trade associations.


Below is a list of representative engagements for our Media practice.

Determination of License Fees for Satellite Radio

The Brattle Group was retained by Counsel for SoundExchange, a performing rights organization that collects and distributes royalty payments on behalf of record labels and recording artists, in a proceeding before the Copyright Royalty Board to determine the license fee that SiriusXM Satellite Radio will pay for the right to broadcast sound recordings from 2018 through 2022. A Brattle team worked with academic survey experts to develop and analyze evidence on the degree to which satellite radio and streaming music services are viewed as substitutes for one another. We assisted attorneys from Jenner & Block in preparing for taking depositions and cross-examining SiriusXM’s survey experts, which played a key role in the determination of the royalty rate.

Programming negotiation
A Brattle principal supported a major content producer in re-negotiating a programming contract with a major Multichannel Video Programming Distributor (MVPD). Part of this engagement included reviewing and analyzing terms of multiple programming contracts.
Music licensing
Economists at The Brattle Group have performed analysis in numerous matters involving music licensing. We have worked on behalf of major music performing rights organizations, such as BMI, SESAC, and SoundExchange, to estimate the appropriate value of licenses for music used on broadcast television, terrestrial and satellite radio, and streaming music services. Our analyses have included evaluating past and forecasted industry growth, benchmarking against comparable licenses, and conducting surveys to evaluate consumer behavior.
Breach of contract
A Brattle principal was retained by Showtime Network, part of Viacom, who alleged that a distributor of in-room programing to the lodging industry breached its contract to distribute the network to hotels and motels. We calculated the damages Showtime sustained as a result of the alleged breach. Our expert filed a report and the case was settled prior to trial on terms favorable to Showtime.
Discovery v. Sky Angel
A Brattle principal analyzed, on behalf of Discovery Communications in a District Court proceeding, lost profit claims from programing contract termination.
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