Abstract

Major League Baseball Advanced Media (MLBAM or BAM) has created one of the most successful technology platforms for broadcasting professional baseball games online. BAM is extremely profitable, but its exclusive online broadcast of professional baseball games through MLB.tv may violate antitrust law. Conventional wisdom may suggest MLBAM would be exempt from antitrust law under the judicially created baseball exemption, but the online broadcast of professional baseball games likely does not fall under the baseball exemption. Therefore, an antitrust suit could be brought against BAM for its online broadcasts. In an antitrust suit, BAM would not be considered a single entity because of its similarities to NFL Properties in American Needle. BAM's MLB. tv product significantly restrains trade in a relevant market. BAM, however, will likely prevail in arguing that maintaining competitive balance amongst its teams is a procompetitive justification. Less restrictive alternatives exist, however, that may yet put BAM in violation of antitrust law.

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