An Antitrust Analysis of Sports League Contracts with Cable Networks

36 Pages Posted: 24 Feb 2016

See all articles by Stephen F. Ross

Stephen F. Ross

The Pennsylvania State University (University Park) – Penn State Law

Date Written: 1990

Abstract

This Article discusses the proper antitrust treatment of package sales to cable. Part I considers whether the antitrust laws apply at all to such sales; it concludes that section one of the Sherman Act does apply and that neither the Sports Broadcasting Act of 1961 not baseball's historic exemption from the antitrust laws prevents antitrust scrutiny of these contracts. Part II explains why cable package sales should be analyzed under a rule of reason test focused on the effect of a sale on fan viewership. Finally, Part III responds to several possible objections to the rule of reason standard proposed in Part II.

Suggested Citation

Ross, Stephen F., An Antitrust Analysis of Sports League Contracts with Cable Networks (1990). Emory Law Journal, Vol. 39, No. 463, 1990, Penn State Law Research Paper, 1990, Available at SSRN: https://ssrn.com/abstract=2736514

Stephen F. Ross (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

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