Professional Sports Antitrust Immunity: Hearings Before the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, First Session, on S. 172, S. 259, and S. 298, February 6, March 6, and June 12, 1985U.S. Government Printing Office, 1986 - Всего страниц: 429 |
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action Al Davis amendment American Football League Angeles antitrust exemption antitrust laws Arlen Specter Baltimore baseball basketball believe bill broadcasting Chairman Coliseum Colts Commission Commissioner Rozelle communities competing league competition concern Congress consumer welfare COSELL criteria district court economic effect expansion facilities factors Federal franchise relocation going hearings issue league decisions league's legislation major Mayor member club million move National Football League National Hockey League NFL teams NFL's Ninth Circuit Oakland Raiders operations Pete Rozelle Philadelphia Eagles Phoenix play players problem professional football professional sports professional sports league professional sports teams proposed protect question reasonable require revenue pooling revenue sharing rule or agreement scarcity Senator DECONCINI Senator SPECTER sports franchise sports leagues stability stadium or arena standards statement TAGLIABUE team relocations telecasting television contracts television rights testimony Thank tion USFL vote
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Стр. 46 - Set forth below are procedures and policy to apply to League consideration, pursuant to Section 4.3 of the Constitution and Bylaws, of any proposed transfer of a home territory. These provisions were established in December of 1984 and remain in effect. Section 4.3 requires prior approval by the affirmative vote of three-fourths of the member clubs of the League (the normal voting margin for League business) before a club may transfer its franchise or playing site to a different city either within...
Стр. 97 - States which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in 10 or more States...
Стр. 46 - The Commissioner may also convene a special committee to perform factfinding or other functions with respect to any such proposed transfer. 3. Following the Commissioner's report on the proposed transfer, the transfer will be presented to the membership for action in accordance with the Constitution and Bylaws, either at a Special Meeting of the League held for that purpose or at the Annual Meeting. B. "STATEMENT OF REASONS" FOR THE PROPOSED TRANSFER Any club proposing a transfer outside its home...
Стр. 47 - As the court explained, restrictions on team movement should withstand antitrust scrutiny where they are "closely tailored to serve the needs inherent in producing the [professional -34I T sports league's] product and competing with other forms of entertainment. An express recognition and consideration of those objective factors espoused by the NFL as important such as population, economic projections, facilities, regional balance, etc., would be well advised. Fan loyalty and location continuity...
Стр. 155 - Gore, we are glad to have you with us and you may proceed. STATEMENT OF HON. ALBERT GORE, JR., A US SENATOR FROM THE STATE OF TENNESSEE Senator GORE.
Стр. 221 - THE STATE OF CALIFORNIA, THE COUNTY OF LOS ANGELES, AND THE CITY OF LOS ANGELES FOR...
Стр. 213 - The degree to which the ownership or management of the team has contributed to any circumstance which might otherwise demonstrate the need for such relocation; 5. Whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team; 6. The degree to which the team has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the team would continue to play...
Стр. 189 - Section 1 provides that every contract combination in the form of a trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal.
Стр. 46 - ... conspiracy" concepts. For example. Professor Bork, now judge of the Court of Appeals for the District of Columbia Circuit, has observed that "the concept of business competition may be irrelevant as applied to the relationship between members of a league." R. Bork. Ancillary Restraints and the Sherman Act, 15 ABA Antitrust Law Section 211. 233 ( 1959). 23 The leading academic treatise on sports law also recognizes that the inherent "jointness...
Стр. 47 - Commissioner's office, present the club's position as to the bearing of these factors on its proposed transfer, stating specifically why such a move is regarded as justified on these standards: 1. The adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium or arena authority to remedy any deficiencies in such facility; 2. The extent to which fan loyalty to and support for the team has been demonstrated during the team's tenure...
