Hearts, Minds and the Restrictive Practices Court

Abstract

In footballing terms, the Office of Fair Trading (OFT) lost 5–1. Under the 1976 Restrictive Trade Practice Act (RTPA), the OFT can ask the Restrictive Practices Court to decide on whether a restrictive agreement between business organisations operates in the “public interest”. When such cases come to court, the OFT on one side presents arguments as to why an agreement in question operates against the public interest, and the companies involved (the respondents) explain why it does not. In 1996 the OFT referred to the Restrictive Practices Court three agreements entered into between the Premier League and its member clubs, British Sky Broadcasting (Sky) and the BBC. These were (a) Rule D.7.3 of the Premier League rule book that requires any club wishing to broadcast a match to obtain permission from the Premier League Board. (b) Clause 2.2 of the broadcasting contract between the Premier League and Sky that gives Sky the exclusive right to broadcast 60 matches. (c) Clause 2.3 of the broadcasting contract between the Premier League and the BBC that gives the BBC the exclusive right to broadcast a highlights programme (Match of the Day).