Antitrust Column & Publications

Information Sharing and Negotiations For Baseball Broadcast Rights

Date: 12/30/16

Source: The New York Law Journal. Reprinted with permission

Two recent developments have brought attention to information exchanges, a complex and subtle area of U.S. antitrust law. In a simple information exchange case subject to antitrust review, competitors have shared commercially sensitive information with one another without agreeing on a common course of competitive conduct (such as pricing, output, or strategy). The allegedly unlawful agreement in an information exchange case, unlike other types of restraints of trade, is the agreement to share information rather than an agreement to eliminate competition on prices or customers, for example. Information exchanges, even among direct rivals, can sharpen competition and, unless accompanied by an agreement not to compete, must be shown to have anticompetitive effects in a properly defined market before they can be deemed unlawful.

Information Sharing and Negotiations For Baseball Broadcast Rights (pdf | 222.40 KB )