Professional Sports: The Challenges Facing the Future of the Industry: Hearing Before the Committee on the Judiciary U. S. Senate

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DIANE Publishing, May 1, 1998 - 154 pages
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Examines the future of professional sports as a business. Presents testimony & prepared statements by several members of the Senate Committee, the commissioner of the Nat. Football League, the owner of the Carolina Panthers Football Club, firms that manage professional athletes (Falk & Assoc., Advantage International, & Sportscorps Ltd.), & Prof. Kenneth Shropshire, Univ. of PA, & Prof. Andrew Zimbalist, Smith College. Also, submissions from the Nat. Football League, Nat. Hockey League, mayor of Houston, assistant to the Mayor of Cleveland, & a prepared statement on procedures for proposed franchise relocations.
 

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Contents

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XXIX
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XXX
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XXXI
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XXXIX
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Copyright

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Page 107 - ... no conventional restraint of trade can be enforced unless the covenant embodying it is merely ancillary to the main purpose of a lawful contract, and necessary to protect the covenantee in the enjoyment of the legitimate fruits of the contract, or to protect him from the dangers of an unjust use of those fruits by the other party.
Page 70 - The NFL owners are joint venturers who produce a product, professional football, which competes with other sports and other forms of entertainment in the entertainment marketplace. Although individual NFL teams compete on the playing field, they rarely compete in the marketplace * * * [Ordinarily,] the league competes as a unit against other forms of entertainment.
Page 56 - The smaller the circle around the stadium that is chosen as the impacted area, the greater percentage of attendees at the sports event that will be classified as out-of-town, and, hence, by assumption the greater will be the net spending.
Page 55 - This technology replaces the cookie-cutter stadiums of the 1960s and 1970s with single-sport constructions that maximize opportunities for revenue generation from luxury suites, club boxes, concessions, catering, signage, parking, advertising, and theme activities. Depending on the sport and the circumstance, a new stadium or arena can add anywhere from $10 to $40 million in revenues to a team's coffers. In fact, the economics of new stadiums can be so alluring that demographically lesser cities...
Page 58 - It is important to clarify that the 1984 decision of the Ninth Circuit Court of Appeals in the Raiders' I case did not state that sports leagues do not have a legitimate function in regulating franchise movements to promote league stability. It simply stated that the NFL's Rule 4.3 was too restrictive and it expressed concern that the league was trying to protect the Rams' monopoly in the Los Angeles market.
Page 53 - ... professional sports team leads US cities to compete against each other. The tendency of sports teams to seek more hospitable venues has been exaggerated in recent years by the advent of new stadium technology. This technology replaces the cookie-cutter stadiums of the 1960s and 1970s with single sport constructions that maximize opportunities for revenue generation from luxury suites, club boxes, concessions, catering, signage, parking, advertising and theme activities. Depending on the sport...
Page 58 - While it is true that individual teams can exceed the cap in some years by manipulating the timing of salary payments, eventually the same teams will be constrained to a tighter cap as the payments schemes catch up with them. The remaining NFL cap loophole (that it is not in effect for 1999) is expected to be closed when the current negotiations for a new collective bargaining agreement are concluded.
Page 53 - Professional sports teams move for two very simple reasons: to augment their profits and to increase their franchise value. The fact that the NFL, the NBA, the NHL and MLB are monopoly sports leagues enables them to limit the supply of teams in their leagues below the effective demand for such teams from economically viable cities. This excess demand to host a professional sports team leads US cities to compete against each other. The tendency of sports teams to seek more hospitable venues has been...
Page 105 - broad mandate" of the Sherman Act is to be interpreted "by drawing on commonlaw tradition." National Society of Professional Engineers v United States, 435 US 679, 688 ( 1978).

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