Professional Team Sports Tv Rights Centrally Sales Competition Law Analysis

Sports industry has been making more and more contribution to the global economy; but because of the inherent functions of the sports, this industry was always a thing of self-governance, enjoying exemption of Competition Law. However, with many countries beginning to concern the sports industry as well as its influence on economy these recent years, the anti-competition and economic order breaking conducts which the sports industry brings have been regulated. Nevertheless, for the special feature of sports, the Competition Law has to exempt certain conducts of sports organization.This paper analyzes the issue on collective selling of the sports broadcasting right, which hopes to designate the development direction of professional sports teams. At the same time, the author suggests to establish an interactive regulating mode in the Competition Law, which offers a benign mode for the economic activities'subjects to choose.Part one focuses on distinguishing the attribute and ascription problems of the sports broadcasting rights which have great disputes worldwide. Via the analysis on the development process of sports broadcasting rights, it establishes the basis to solve the problem of conflict of interest in the course of broadcasting sales. Then by comparing to the intellectual property right and license franchise, the author concludes the particularity of sports broadcasting right.In part two, the author argues the interaction between self-governance and legal regulation on sports. From the analysis, the author offers reference to the conducts of sports organization and the legal regulation from different angles, therefore, to find a proper boundary between self-governance and legal regulation.In part three, through the analysis on the procedure of broadcasting sales practice, the author regards that collective selling of broadcasting rights has significant value to professional team sports. The author also construes the necessity and defect, and then directs how to settle the conflict brought with it and how to distribute the rights and obligations. The author uses the sports economics and social methodology in order to point out the key factor of conflict and how to adjust it.In the fourth part, the author responds to the collective selling of team sports broadcasting right from the Competition Law point of view. Combine with our Antitrust Law draft, through classifying which ones relate to the Competition Law and considering the special economic characters of concentrated sales of team sports broadcasting right, the author decides which regulation mode to adopt, to give exemption or regulation, in order to eliminate the anti-competitive conducts. Therefore, to establish a logical legal fine-tune method. However, the Competition Law can not solve all the problems in sports industry, some still needs the modification mechanism of the sports industry itself.The conclusion part points out the purpose and the significance of this paper. It also gives a conclusive explanation of the whole analysis.