Sports

Irwin Kishner, co-chair of Herrick's Sports Law Group and co-chair of Herrick's Corporate Department, spoke to Front Office Sports about the recent agreement between the NFL and ESPN, which may face challenges if regulators find that the deal has the potential to be anticompetitive or anti-consumer. According to the article, "[t]he 'non-binding' agreement sees the league taking a 10% equity stake in the broadcaster, with ESPN picking up NFL Network and the rights to distribute RedZone to pay-TV operators." While the parties still need to negotiate definitive terms, looming large are questions of whether the administration will weigh in on the deal. 

Irwin noted that it is impossible to predict what direction the administration would take. “Is he going to get in the middle of this the way he recently did with the Commanders stadium deal?” Irwin said. “Who knows?” 

The article further notes that the agreement will "almost certainly trigger review under the Hart-Scott-Rodino Antitrust Improvements Act, which requires companies to notify the Federal Trade Commission and Department of Justice before completing certain large transactions." 

“I suspect it is required,” said Irwin. “The question I would have [as another broadcaster] is how does this affect my business? Am I getting left behind? What do I do to counteract or compete against this?”

“The federal government has a coterie of things to protect the airwaves and so forth,” Irwin said. “If the government is against it, it’s going to make life harder [for the NFL and ESPN].”’

Read the full article in Front Office Sports here. Access may require a subscription.