(03-28-2017 04:38 PM)adcorbett Wrote: (03-27-2017 04:28 PM)Attackcoog Wrote: (03-27-2017 02:22 PM)arkstfan Wrote: I've actually had the chance to read some ESPN contracts.
Each had the following features.
- Look in periods. Nothing more than designated times where one party or the other can request that they look at the contract discuss extending it or it ending it early. If there is no agreement the existing contract rolls along. Mostly a pointless clause in that it restricts the times when a party can ask to deal but they can both waive that by agreement. But if one side doesn't like the terms proposed there is no obligation to do anything.
- Period of exclusive negotiation. As the contract nears expiration there is a time period where the party is only allowed to talk to ESPN.
- Period of open negotiation. If you don't like ESPN's offer at the end of the exclusive period you can talk to others but in doing so, you've rejected ESPN's offer and it is now off the table.
- ESPN then holds the right extend the agreement by simply accepting the exact terms of a bono fide offer the other party has received. As we saw with the AAC this can work to ESPN's advantage. NBC was looking to buy the whole banana and put games on some low household number channels. ESPN was easily able to address that by taking stuff to ESPN News and subbing content to CBS Sports Net.
The current MAC deal was produced during a look in period so those do matter.
Well, it sounds like we had to accept their offer. Is that clause typically in the contracts of other networks (Fox, NBC, CBS-Sports, etc)?
It is all in how you read it. holding the right to "extend the agreement" doesn't mean they had to take it. The "extending" of the agreement is the loophole to allow the league to back out of the contract they signed with NBC: they did not have to take it. I know for a fact the AAC did not have to take it: they took several days to decide which one they wanted to do. ...
My recollection was that those days were spent not deciding which to take, but deciding whether ESPN had in fact actually "matched" the NBC offer in all relevant particulars.
That's consistent with a situation in which the match clause was such that the AAC had no choice but to sign with ESPN if they matched the NBC offer - even in that situation, they would have the right to spend some time having their lawyers check out the details of the ESPN 'match' to make sure it actually was a match and didn't have different clauses.
Really, without the actual contract details, we're all guessing to a degree.
What still doesn't sit well with me is that if the match clause was as Coog and yourself say it was, then it's really rather substanceless: I currently have a deal with B and it has a match clause. So when I get an offer from A, the contract says I must then take that offer to B so they have the chance to match, but ... even if B matches A, I'm not obligated to take B, and so long as the deal with A isn't actually a signed contract, I can also go back to A and say "hey, B just matched you, would you like to up your offer?", which if they do, I then take back to B to "match", etc.
That doesn't sound like a "match" situation, it just sounds like a courtesy notification to B when I get offers from others followed by possible continued bidding.