The Research On Antitrust Regulation System Of Professional Sports Broadcasting

Professional sports broadcasting is a follow the rules of professional sports competition equilibrium,and business relations close economic activities.Professional sports transmission in our country although has experienced a gradually developing process from scratch,but compared with the sports industry developed countries and regions,the development level of the gap is still large.As the professional sports broadcasting costs soaring,professional sports broadcast for the importance of professional sports and sports industry development increasingly prominent,foster professional sports broadcasting market,can promote the sports industry to thrive.On the one hand,the anti-monopoly law of the People's Republic of China(hereinafter referred to as the "anti-monopoly law")through the way of economic analysis,use of legal technology,protect the welfare of consumers and maintain the free competition of the market order.The healthy development of the professional sports broadcasting market need to adjust by anti-monopoly law system.As important market regulation law,on the other hand,the anti-monopoly law correctly apply to ensure free competition in the professional sports broadcasting market order.At the same time,the system of anti-monopoly law in the regulation of professional sports broadcasting market impact or weaken competition behavior,need to pay attention to the particularity of emphasis on competitive sports industry cooperation,emphasis on the principle of reasonable apply.In addition,how to correctly define the legal nature of professional sports broadcasting rights,how to correctly define sports broadcast in the information age related market,under the premise of how to respect the characteristics of professional sports for professional sports league effectively regulate abuse of dominant market position of monopoly behavior problems need further analysis.Professional sports broadcasting antitrust regulation of the basic problems involved in the application of the anti-monopoly law and immunities,professional sports broadcasting main marketing mode of monopoly morphological analysis,professional sports broadcasting relevant market definition,sports leagues and other related professional sports broadcasting rights owners for antitrust analysis of the abuse of dominant market position,etc.First,as the economic benefits of professional sports broadcasting giant,similar to the United States(SBA),the sports broadcasting act gives professional sports broadcasting is applicable antitrust exemption directly need to rethink.By using reasonable principle,it is more desirable to fully balance the role of specific monopolistic behavior in the broadcast of professional sports events to the promotion and restriction of free competition.Second,the main marketing model of professional sports today involves focusing on sales,syndication and exclusivity.Broadcast of the professional sports events focus on sales,joint,is close to the purchase agreement with lateral restrict competition and professional sports broadcasting exclusive sales closely associated with vertical competition agreement.Again,professional sports broadcasting relevant market definition is to consider the particularity of the sports industry,and actively meet the challenges of the information age network platform operators.In addition,the importance of the relevant time market for professional sports events is highlighted.Finally,professional sports leagues often gain dominance in the relevant market because of their dominance.In our country,the abuse of the market dominance of professional sports events is often characterized by the interweaving of administrative monopolies.The foreign experience and revelation of the anti-monopoly regulations of professional sports games mainly reference the United States and the European Union.Developed countries such as Europe and the United States have abundant law enforcement cases,judicial precedents and academic research on anti-monopoly regulations on sports coverage.In different times,the eu and its member states have applied different laws to the practice of broadcasting regulations on professional sports.But there are few cases in the European Union where competition law applies to professional sporting events.The use of antitrust law for professional sports broadcast at the same time,regulating the emphasis on the sports broadcasting act,"copyright law" and other special law adjustment function,therefore,the different legal systems,common to ensure the healthy development of the professional sports broadcasting market and orderly competition.Europe and the United States has long attached great importance to apply anti-monopoly regulation for professional sports broadcasting,but these counties(regions)of the antitrust legislation of the sports industry is relatively principle,lead to each country(regions)in the aspect of professional sports broadcasting the anti-monopoly law enforcement and judicial practice,present a greater uncertainty.Summing up experience shows that the early development of sports industry in a country in the region,the value of anti-monopoly law is to eliminate unreasonable professional sports broadcasting market restrict competition behavior,promote the unified open,competitive and orderly professional sports events on the establishment of the market.In the case of an anti-monopoly law,it can be exempted from other sports broadcasting.Chinese professional sports broadcasting antitrust regulation need to respect the professional sports competitive balance characteristics,in full consideration of our country's current sports industry development level and athletic policy phased characteristics,on the basis of the principle of reasonable use of case analysis of professional sports sports broadcast protocol for professional sports coverage limit the impact of market competition.In particular,we need to follow the rules of sports industry cooperation to ensure the competitive balance of professional sports.The law of the anti-monopoly law should be applied to the right principles.In the revision of the "copyright law of the People's Republic of China"(hereinafter referred to as the"copyright law")clearly defined in the professional sports broadcasting rights,build a complete system of professional sports broadcasting law regulations.We will implement the system of fair competition for competition,coordinate industrial policy and competition policies,break the administrative monopoly on sports broadcasting,and innovate the management of sports and social organizations.