Monopoly Problems On The Selling Of Broadcasting Rights Of International Sports Events

This dissertation is to discuss the how the monopoly law regulates the purchasing and selling of sports broadcasting right. There are mainly two kinds of entities who involves in the sports broadcasting right selling which are original beholders of sports broadcasting right, the sports clubs and the sports leagues, and related rights beholders, the broadcasters. The focus of this dissertation is the monopoly relationship between and among the original right beholders and the broadcasters.Two questions are analyzed as the clues. The first one is how to balance the revenue and expenditure when selling the sports program rights which is to say how to resolve the contradiction between the collective selling by sports leagues and individual selling by the sports clubs. The second one is, in the sports broadcasting market how to provide equal and sufficient opportunity to compete with each other especially in the international football event broadcasting market which carries the most argument and how to maintain and equal market for the sports clubs.Meanwhile this dissertation is discussed by the clue of time. Before the creation of original rights, sports clubs and leagues argue for the possession of the rights and at the time of rights creation, there are collective purchasing and selling and exclusive rights between the original rights beholders and broadcasters, during the transmission of the broadcasting rights, the monopoly law will regulate the relationship between and among the original rights beholders and broadcasters.There are five chapters in total. The first chapter is the broadcasting of sports events which are divided into three parts, the concept and types of broadcasting rights, the arguing bodies for possessing the rights and broadcasting copyrights. The second chapter is the jurisprudence of the broadcasting monopoly which includes the special jurisprudence of sports broadcasting rights, the European jurisprudence of monopoly law. The third chapter is the collective purchasing and selling of broadcasting rights which is analyzed in the base of European and American case law and legislative practice. The fourth chapter is the exclusive rights of sports broadcasting rights which mainly cover the contract of exclusive rights, cooperate enterprises and mergers. After clearing the possession of broadcasting rights, this dissertation discusses the validity of the rights purchasing and selling and exclusive rights under the monopoly law in the guidance of general monopoly jurisprudence and the specialty of sports broadcasting.