Legal Issues

by Timothy Geigner


Filed Under:
anti-trust, baseball, streaming

Companies:
mlb



MLB Goes To Court To Defend Antitrust Actions That Go Against All The Progress MLB Has Made

from the swing-and-a-miss dept

We have talked quite a bit about Major League Baseball for a technology site, in no small part due to many of the forward-thinking things the league has done regarding operating its business in the digital age. In the realm of sports streaming, I've typically referred to MLB.TV and the league's Advanced Media products as the gold standard and I think I'm on pretty solid ground in saying so. Beyond that, the league seems poised to embrace expanded streaming options and the dropping of some of its more intrusive blackout rules, positioning the league well in the midst of the cord-cutting epidemic winding its way through the cable television industry.

Which is why it just feels so damn strange to see the league preparing to go to court along with DirecTV and Comcast to argue that it needs many of the practices from which it is actively moving away in order to not only provide more customer choice, but indeed to keep smaller-market teams in business entirely.

The background on this is that in 2014 a court decided that baseball's antitrust exemption could only be applied to core aspects of the business of baseball. Those core aspects traditionally, going back over a hundred years, referred to how MLB interacted with competing leagues and how player contracts would be handled given that players crossed state lines as part of their jobs. In more recent times, MLB attempted to use the antitrust exemption to allow for how it handles broadcast rights and blackouts, specifically arguing that allowing its member teams to negotiate their own national broadcast contracts would allow teams to get a free-ride on the league's popularity, and the court's opinion rejected those arguments in 2014. After that, the court agreed to certify a class action on behalf of fans looking to force Major League Baseball into allowing more inter-competition among its own member teams, which the fans argue would allow for national broadcasts (or national streaming) of any team anywhere in the nation.

MLB is now defending that action in pre-trial documents, apparently with the argument that giving teams more ways to get their product to their fans would result in small-market teams folding up completely, because the Yankees.

Defendants’ position, which will be substantiated at trial, is that the territorial rules enhance the overall quality of MLB live telecasts, which in turn enhances the ability of these telecasts to compete with other programming. (See Defs. Trial Mem. at 12-13.) The evidence will also show that eliminating the territorial rules would reduce the ability of certain small-market teams to invest in players and other resources, hampering their ability to compete on the field—and could, over time, prevent certain clubs from remaining viable.
This is similar to comments made by league commissioner Rob Manfred during deposition, where he specifically cited the New York nine as an example of why allowing more broadcast options would eventually limit broadcast options by eliminating teams and markets entirely.
"[A] lot of New Yorkers go down to Florida, and we think that [if the Yankees] go down [it] would kind of destroy that market for Tampa," he said. "[T]here are certain iconic, generally large market clubs that I believe have national appeal that would put them in a position to present a threat to the viability of certain of our smaller market clubs."
It's an argument that essentially claims that MLB must limit the number of broadcast options customers have to choose from because not limiting them will eventually lead to even less options when teams fold. This argument rests on MLB's revenue sharing practice, where teams negotiate their local broadcast rights and leave the national rights entirely up to the league, which then doles out national broadcast (and streaming) revenue democratically through the league, meaning the popularity of the Yankees and other large market clubs is resulting in income for small market teams (like the Tampa Bay Rays).

Here's the thing: everyone knows this argument's time was twenty years ago. Fans know it, because they use the internet and streaming services and they embody the desire of customers to watch more teams in more ways without blackout restrictions. MLB knows this as well, as you simply can't make sense of all the work the league has done to expand its streaming options without that knowledge. What they are trying to save in all of this is a bit of the right to still handle national streaming rights the way they handle national broadcast rights. It's about retaining control. But the league itself is what allowed for the expansion of the league into small market areas. For them now to rest the argument for their antitrust exemption on the un-viability of those markets, resulting in harming consumer choice, doesn't make any sense. It's essentially asking for a kind of bailout for some teams via the exemption. Put another way, MLB's argument amounts to: some of our teams don't have enough fans to sustain themselves, so we need an antitrust exemption to keep them afloat, just because. How is that in the public's interest, even if MLB's assessment is correct?

And here's the other thing: they're probably wrong. Major League Baseball is enjoying an immense level of popularity at the moment, finally recovering from the player lockout all those years ago. How does it benefit a small market team for the government to bless MLB's ownership of that team's ability to reach more fans, new fans, and other markets via its own negotiation of national streaming rights? Artificially limiting the reach of teams in an era where the ability to do national streaming is less costly doesn't enhance that team's viability; it limits it.

We'll have to see how this plays out, but the good news is that MLB knows all of this already. I'm actually a bit surprised it is even bothering with any of this.


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • icon
    Ninja (profile), 12 Jan 2016 @ 2:34am

    Looks like somebody shoved a whole lot of short-term-profit money up on MLB...

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 12 Jan 2016 @ 5:13am

    Major league baseball and football? Not me, not for 20-30 years. ESPN, I don't think so.

    reply to this | link to this | view in chronology ]

  • icon
    BentFranklin (profile), 12 Jan 2016 @ 5:51am

    If they control the broadcast rights I don't see why they shouldn't control the streaming rights.

    reply to this | link to this | view in chronology ]

  • identicon
    heymanj, 12 Jan 2016 @ 6:58am

    Confused

    But Tampa area fans *can* get the Yankees on their cable/satellite if they subscribe to the YES network. They pay extra for the channel, but wouldn't that also impact the Rays??

    reply to this | link to this | view in chronology ]

    • identicon
      Matt P, 12 Jan 2016 @ 9:17am

      Re: Confused

      The Yankees are only allowed to broadcast their games in their operating territory. I believe that people in Tampa are allowed to purchase YES or NESN (not sure about that one though) but aren't allowed to watch the games but rather other programming. The games are blocked out.

      Yankees fans will be allowed to stream solely Yankees games starting in 2016 (except for in market games) but that doesn't impact what pay tv subscribers can offer and therefore has a minimal impact on their behavior.

      reply to this | link to this | view in chronology ]

      • identicon
        motv mobb, 12 Jan 2016 @ 11:27am

        Re: Re: Confused

        My cable company refuses to buy the MLB network programming package because it costs over $80,000.00 per year. Its the new millenium and I can't watch my team play. In 10 years as a customer, I have paid this cable company over $20,000.00 and it really pisses me off in this day and age with all the technology available I am still 2blocked by greed.

        reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 12 Jan 2016 @ 8:22am

    ...would result in small-market teams folding up completely...

    Citation needed: what team(s) - in any league - have "folded" in the past few decades?

    The only "folds" I remember was the NBA/ABA merger where 4 ABA teams went to the NBA and the rest were dissolved.

    Sure once in a while a team leaves town. But that's due to said team moving to another town, usually due to a shiny new arena that the old town didn't want to pay for.

    reply to this | link to this | view in chronology ]

  • identicon
    Pixelation, 12 Jan 2016 @ 9:39am

    So sad

    "...a threat to the viability of certain of our smaller market clubs."

    Perhaps those smaller clubs should fold up if they aren't viable without making special laws to keep them in BUSINESS.

    reply to this | link to this | view in chronology ]

  • identicon
    Matt P, 12 Jan 2016 @ 9:42am

    Of course, the monkey in the room is that this would absolutely kill the Rays. If the Rays don't get an equal share in national TV revenue and internet revenue then they're dead especially if local TV revenue becomes obsolete.

    Yes, MLB is becoming more popular. That doesn't mean fans are going to watch a Rays game over a Yankees game.

    Now whether it is in the public's best interest that the Rays survive is a different and interesting question. I would think that the public would want to be able to go to a game if they so desired. Certainly, there's an interest in having a team in big cities. But I would agree that it's reasonable to argue that small market teams should just be contracted because they aren't able to be successful on a national level.

    Of course, you can't tell me that MLB would like that solution.

    reply to this | link to this | view in chronology ]

    • icon
      PRMan (profile), 12 Jan 2016 @ 11:14am

      Re:

      Baseball is less popular than ever. I know very few people at work that are baseball fans these days.

      NFL is king, NHL and NBA are about even, soccer is next and baseball is last.

      reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Techdirt Gear
Show Now: Takedown
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.