Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Movement to Black Out Blackout Rules Taking Baby Steps
Author: Scarinci Hollenbeck, LLC
Date: October 8, 2015
Key Contacts
Back
Sports fans living far away from their favorite teams’ home states and cities have long been forced to skip games, or pay more than what they’d like to watch their cherished organizations play. The blackout rules that spawned this dilemma are the subject of scorn among fans, many of whom are attempting to change how games are shown on television through lawsuits.
Fans’ battle against the blackout
The major sports leagues’ various blackout rules have repeatedly been challenged by fans frustrated by the fact that if they don’t live close to where their home team plays, they have to choose between forgoing viewing out-of-market games completely or purchasing expensive bundle packages. To combat these limitations, fans filed class action suits against the NHL, the MLB, the leagues’ various organizations and broadcasters in 2012. While the lawsuit against the MLB and its broadcasters is ongoing, the case against the NHL ended with a settlement agreement which could ultimately affect the way that all four major sports are viewed in the U.S.
A fan of the New York Mets living in the Midwest, for example, cannot purchase only Mets games at reduced prices. That individual would have to buy a bundle package that includes other teams, such as the New York Yankees, Boston Red Sox and a bevy of other teams the person might be mildly interested in at best, or at worst, hates. This could lead to that individual missing out on what is turning out to be a rare season in recent Mets history – a very unfortunate circumstance for that fan.
However, the settlement in the class action against the NHL, and the unresolved nature of the suit against the MLB, could be signs of change regarding the blackout rules that have long frustrated fans such as the aforementioned hypothetical individual.
The NHL settlement led to revisions to the league’s Game Center Live package. Fans can now choose to stream a single team’s games for $105 per season, rather than being forced to choose the league-wide package, which includes all 30 teams and costs $159 per season. Individuals who purchase the streaming option now have the option to watch their favorite team’s out-of-market games, without paying extra for every other organization’s matchups. However, in-market games remain blacked out on Game Center Live. Ultimately, the NHL settlement wasn’t a complete victory for fans, but rather, a baby step toward overcoming blackout rules.
Blackout rules could constitute anti-competitive behavior
One crucial detail to the settlement agreement between fans and the NHL, as well as the ongoing suit against the MLB, is the fact that U.S. District Court Judge Shira Scheindlin conceded that blackout rules are likely violations of antitrust regulations. This acknowledgement could ultimately influence the MLB case, and is the tiny detail that could result in big changes for the way fans view sports in the U.S.
Fans’ demand for access to regional sports networks regardless of where they live is similar to the pressure on all sorts of cable companies to offer a la carte packages – with which subscribers can choose which channels they want.
The MLB and NHL and their broadcasters aren’t the only organizations being accused of antitrust violations due to how they offer games. DirectTV’s NFL Sunday Ticket has also been hit with charges of anti-competitive practices by fans. A class-action lawsuit alleges that the satellite television provider’s arrangement with the NFL – which covers how markets are divided and blackout rules are enforced, as well as what all this will cost consumers – unfairly damages NFL fans who would like to purchase a package of their favorite teams’ games, rather than a bundle of league-wide match ups.
The various challenges to blackout rules established by the three leagues and their broadcasting partners, subscribers’ overall preference for cable providers to move toward a la carte offerings and at least one judge’s opinion that these restrictive rules could constitute antitrust violations, seem to indicate that the argument for blacking out certain regions is weakening. However, the small step forward in the NHL settlement indicates massive overhauls aren’t in store in the coming months.
If you believe a league’s anti-competitive behavior is damaging you as a fan, contact a sports law attorney to learn more about what you can do.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Movement to Black Out Blackout Rules Taking Baby Steps
Author: Scarinci Hollenbeck, LLC
Sports fans living far away from their favorite teams’ home states and cities have long been forced to skip games, or pay more than what they’d like to watch their cherished organizations play. The blackout rules that spawned this dilemma are the subject of scorn among fans, many of whom are attempting to change how games are shown on television through lawsuits.
Fans’ battle against the blackout
The major sports leagues’ various blackout rules have repeatedly been challenged by fans frustrated by the fact that if they don’t live close to where their home team plays, they have to choose between forgoing viewing out-of-market games completely or purchasing expensive bundle packages. To combat these limitations, fans filed class action suits against the NHL, the MLB, the leagues’ various organizations and broadcasters in 2012. While the lawsuit against the MLB and its broadcasters is ongoing, the case against the NHL ended with a settlement agreement which could ultimately affect the way that all four major sports are viewed in the U.S.
A fan of the New York Mets living in the Midwest, for example, cannot purchase only Mets games at reduced prices. That individual would have to buy a bundle package that includes other teams, such as the New York Yankees, Boston Red Sox and a bevy of other teams the person might be mildly interested in at best, or at worst, hates. This could lead to that individual missing out on what is turning out to be a rare season in recent Mets history – a very unfortunate circumstance for that fan.
However, the settlement in the class action against the NHL, and the unresolved nature of the suit against the MLB, could be signs of change regarding the blackout rules that have long frustrated fans such as the aforementioned hypothetical individual.
The NHL settlement led to revisions to the league’s Game Center Live package. Fans can now choose to stream a single team’s games for $105 per season, rather than being forced to choose the league-wide package, which includes all 30 teams and costs $159 per season. Individuals who purchase the streaming option now have the option to watch their favorite team’s out-of-market games, without paying extra for every other organization’s matchups. However, in-market games remain blacked out on Game Center Live. Ultimately, the NHL settlement wasn’t a complete victory for fans, but rather, a baby step toward overcoming blackout rules.
Blackout rules could constitute anti-competitive behavior
One crucial detail to the settlement agreement between fans and the NHL, as well as the ongoing suit against the MLB, is the fact that U.S. District Court Judge Shira Scheindlin conceded that blackout rules are likely violations of antitrust regulations. This acknowledgement could ultimately influence the MLB case, and is the tiny detail that could result in big changes for the way fans view sports in the U.S.
Fans’ demand for access to regional sports networks regardless of where they live is similar to the pressure on all sorts of cable companies to offer a la carte packages – with which subscribers can choose which channels they want.
The MLB and NHL and their broadcasters aren’t the only organizations being accused of antitrust violations due to how they offer games. DirectTV’s NFL Sunday Ticket has also been hit with charges of anti-competitive practices by fans. A class-action lawsuit alleges that the satellite television provider’s arrangement with the NFL – which covers how markets are divided and blackout rules are enforced, as well as what all this will cost consumers – unfairly damages NFL fans who would like to purchase a package of their favorite teams’ games, rather than a bundle of league-wide match ups.
The various challenges to blackout rules established by the three leagues and their broadcasting partners, subscribers’ overall preference for cable providers to move toward a la carte offerings and at least one judge’s opinion that these restrictive rules could constitute antitrust violations, seem to indicate that the argument for blacking out certain regions is weakening. However, the small step forward in the NHL settlement indicates massive overhauls aren’t in store in the coming months.
If you believe a league’s anti-competitive behavior is damaging you as a fan, contact a sports law attorney to learn more about what you can do.