Home Media News Opening Statement: Stephen F. Ross on DirecTV Deal

Like Shoot to Thrill - An AC/DC Tribute on Facebook!

An authentic tribute of AC/DC that covers the best of the Bon Scott era and the best of Brian Johnson's material

Who's Online?

We have 1403 guests online

Atom RSS

Opening Statement: Stephen F. Ross on DirecTV Deal PDF Print E-mail
User Rating: / 10
PoorBest 
Written by Stephen F. Ross   
Tuesday, 27 March 2007 04:32
RESTORING THE MARKET FOR OUT-OF-MARKET BASEBALL
Testimony of Professor Stephen F. Ross
Director, Penn State Institute for Sports Law, Policy and Research
The Pennsylvania State University
Before the
Senate Committee on Commerce, Science and Transportation
March 27, 2007
 
Mr. Chairman and Members of the Committee:
 
          It is an honor and privilege to be invited to join a panel of industry leaders to offer an independent view, based on over two decades of scholarship and teaching concerning sports and competition policy, in discussing the impediments to the free flow of interstate commerce as millions of Americans seek ways to take advantage of technological advances to watch non-local Major League Baseball games in their homes.
 
General Thoughts on Exclusive Dealing
 
          The issue before the Committee today is whether the exclusive dealing arrangement between Major League Baseball (MLB) and DirecTV, whereby DirecTV becomes the only source for out-of-market games not shown on national networks, is in the public interest.  As the Supreme Court has recognized,1 exclusive dealing arrangements are both legitimate and indeed can have pro-competitive effects.  In traditional markets where consumers have free access to retail markets, the Court has declared that, as a matter of antitrust law (in my view, this reasoning also applies to sound regulatory policy), these arrangements should only be questioned when there is a serious risk that they will foreclose access to supply or outlet by other firms.2  Thus, an agreement by Sears to exclusively sell Levi’s blue jeans is unlikely to harm consumers; there are ample other retail outlets for Levi’s rivals, and ample other jean manufacturers for Sears’ competitors.  If there are efficiencies in exclusivity, the likely market response is for Lee to reach an exclusive deal with Macy’s, etc.   Consumers unhappy with Sears’ selection are only harmed to the extent they have to walk across the shopping mall.
 
Harm to baseball fans
 
          In contrast, baseball fans face significant harm because of various pre-existing agreements as well as the recently announced exclusive MLB/DirecTV deal.   Those who have other reasons to prefer DishNetwork or cable must either forego quality telecasts of out-of-market baseball games,3 or suffer exploitation by subscribing to multiple multi-channel video distribution platforms that require the purchase of duplicate programming and unnecessary equipment.  The exclusive deal reinforces the harm that already befalls the millions of Americans who do not live within the local media market of their favorite team, because of a horizontal market division agreement entered into by MLB owners that, in the context of football, has been illegal for over 50 years.4  There is no public interest justification in forcing consumers to purchase a distribution platform that is inferior for their needs, or duplicate platforms, just to watch their favorite teams.  These consumers include:
 
  • Residents in areas with heavy thunderstorm activity (such as Florida) who prefer cable because of concerns about weather-related interference with important sports broadcasts
  • Residents of local markets (like metropolitan Philadelphia and southern New Jersey) who are fans of local basketball and hockey teams but out-of-market baseball teams, and would under planned agreements be required to subscribe to cable for some teams and satellite for others
  • Virtually all residents of states without a local team (like Alaska, Hawaii, or Nevada) or states with many retirees from other states (like Florida, California, or Arizona): there is no reason that the only way they can watch games of their favorite teams is to acquire a single product, MLB ExtraInningsTM,  from a single retailer, DirecTV
  • Consumers in multi-residence dwellings who are not allowed to select their preferred retailer, and where the landlord, homeowners’ association, or other decision-maker is insufficiently interested in baseball to switch to DirecTV
 
(Select Read More to see the rest of Ross' opening statement)
 
Restraints on Interstate Commerce: Horizontal Market Division
 
          To be clear, the agreement that sparked this hearing did not arise from the free market.  First, there is the horizontal market division by MLB owners.  Under the common law, the home team owns a property right in the radio and television rights to baseball games.5  However, the MLB owners have agreed to significant limitations on these common law rights.  Each club will only broadcast games in its assigned geographic territory, licensing the visiting club for the purpose of broadcasting games in its own home territory, and assigning to MLB the exclusive right to sell games not only to free-to-air networks (a right protected by the Sports Broadcasting Act) but most significantly the exclusive right to sell non-network games to satellite or cable only through MLB ExtraInningsTM (which is not exempt from antitrust scrutiny). 
 
          Were it not for this web of agreements, the MLB/DirecTV deal would raise few problems for consumers.  Those interested in the convenience of a single package of all out-of-market games could purchase ExtraInningsTM from DirecTV.  A Los Angeles Dodgers fan outside southern California, or someone who simply enjoyed the final years of play-by-play from hall-of-famer Vin Scully, would likely find it possible to purchase Dodger telecasts, acquired from the Dodgers by DirecTV, DishNetwork, or the local cable company.  Other intermediaries might offer a syndicate of games in competition with ExtraInningsTM.
 
          Antitrust precedents suggest that the MLB agreements are anti-competitive and ought to be illegal.  In United States v. National Football League,6 a very sophisticated district court decision that presaged by 30 years the antitrust analysis of broadcast restraints later adopted by the Supreme Court,7 the court noted that sports leagues had a unique interest in promoting competitive balance among member teams so that, to the extent that a rival team’s out-of-market telecast would significantly harm live attendance, the league could agree to prevent this.  However, the court rejected the NFL’s effort to bar out-of-market telecasts that simply competed with the home team’s telecast of road games: the only effect there was to limit output and raise rights fees for the home team, a result that was not legitimate or pro-competitive.  As later courts have recognized,8 leagues can adequately protect competitive balance with regard to television rights sales by revenue sharing, rather than output limits. 
 
          The courts have also recognized, in antitrust litigation, that broad licenses awarded by competing copyright holders through intermediaries can be pro-competitive, when these are non-exclusive licenses.  Thus, the Supreme Court rejected a lower court holding that Broadcast Music and ASCAP violated the Sherman Act by offering a blanket license for the vast majority of copyrighted songs.9 On remand, the court of appeals upheld the legality of the arrangement, but only after finding that potential licensees had real alternative ways of acquiring rights.10  This was because the Justice Department had challenged, many years ago, the agreement among almost all the nation’s songwriters to grant exclusive licenses to BMI or ASCAP – grants akin to the out-of-market assignments that individual team owners have made to DirecTV -- and the parties by consent decree had agreed to limit the license to a non-exclusive grant.11
 
          It is bad enough that these agreements meet the “hallmark” definition of unreasonable restraints of trade, by increasing price, reducing output, and rendering output unresponsive to consumer demand.12  In fact, these agreements are even more inefficient and anti-competitive than would be the case if all rights to all games were assigned to a single entity.  Because the additional costs of showing games to out-of-market fans is virtually zero, such an entity would likely sell, in addition to local rights and ExtraInningsTM, other packages to other consumers.  For example, there are surely many fans who would pay, on a per game or per team basis, for out-of-market games.  These are not authorized now, not because the sale would not be profitable, but because the MLB owners can not agree on how to divide the profits.13
 
Insufficient competition in multi-channel video distribution
 
          An analysis of the economics of rights sales for out-of-market games demonstrates that the current scheme would be implausible except for two additional deviations from the free market: (1) insufficient competition between DirecTV, DishNetwork, and cable permits excess profits from consumers of “basic premium” programming; (2) by tying the sale of ExtraInningsTM to its “Choice” package, DirecTV is able to increase its excess profits and the agreement in question reflects a sharing of those increased excess profits between DirecTV and Major League Baseball.
 
          Although there are important differences in the economics of English football and North American sports, on both sides of the Atlantic we see leagues that offer entertainment products with no reasonable substitutes selling broadcast rights to a major programmer in return for a large, fixed sum of money.  Policy questions about exclusive agreements for prime sports programming have also arisen in the United Kingdom, and have been insightfully analyzed in a working paper widely distributed among sports economists.14  Economists David Harbord and Marco Ottaviani detail the profit-maximizing strategy for the various market participants.  First, they note that leagues are likely to sell rights for a fixed rather than per-subscriber fee.  A fixed fee avoids the problem of the rights-purchaser tacking on its own excess profits charge to that imposed by the league.15  Because MLB doesn’t know precisely how many fans will subscribe to ExtraInningsTM, or how effectively DirecTV will market the product, it has an even greater incentive to sell for fixed fees, as the rights-purchaser is better able to accept the risk of marketing the product effectively during the course of the contract.  If the rights purchaser is effective in maximizing revenues from resale and advertising, results of which are usually reported in the trade press, the league can profit from the rights purchaser’s success to secure even higher rights fees for the next contract.  (For example, the NFL’s first network contract with CBS gave each owner $300,000/yr.  Three years later, the second contract gave each owner $1 million/yr.)
 
          Next, Harbord & Ottaviani explain why a rights-purchaser, having paid a lump-sum to obtain rights for which there was no substitute, would want to re-sell rights on a per-subscriber basis to its cable and satellite rivals.  Ordinarily, they observe, by re-selling to rivals, the rights purchaser increases the marginal operating costs for its rivals at the same time it fetches additional revenue.  This “makes reselling more profitable for the firm which acquires the rights, and hence more likely to occur.”16  Re-selling on a per-subscriber basis results in higher rights fees (because the league can capture a portion of the additional profit to be obtained from reselling on a per-subscriber basis) and maximizes output (more people subscribe).
 
          Applied to American baseball, Harbord & Ottaviani’s analysis suggests that DirecTV would find it profitable to resell ExtraInnings to cable networks and Dish Network, and that MLB would share in this profit through a higher lump-sum fee for the exclusive rights to out-of-market baseball games.  So why have DirecTV and MLB done the opposite?  We can infer from the parties’ preference for an exclusive deal that DirecTV is willing to forego this opportunity, and indeed pay MLB more than the total amount that MLB might reasonably expect to receive from sales of ExtraInnings through various retail outlets.  This is because DirecTV would prefer to force some out-of-market baseball fans to switch their patronage to DirecTV, rather than obtain all the revenue from out-of-market fans, regardless of which “retailer” these fans patronize.  DirecTV’s ability to obtain more revenue from those fans that remain with or switch to DirecTV than it could by charging the full monopoly price for ExtraInningsTM to all out-of-market fans is most likely due to their ability to obtain even greater super-competitive profits from those that switch.
 
     Suppose one million fans would be willing to subscribe to ExtraInningsTM at $160 per season, but that 200,000 of these will not patronize DirecTV (perhaps they fear thunderstorms, prefer programming available only on cable, can’t afford two systems in areas where local cable is unavailable, don’t have a clear south-facing view on their property, must use the system subscribed by the landlord, etc.).  That’s $32 million in lost revenue.  The exclusive deal means that DirecTV plans on making this up by obtaining new customers from cable or DishNetwork.  If 300,000 ExtraInnings customers switch to DirecTV’s Choice package (at $480/yr) + ExtraInningsTM, that’s an additional $144 million in revenue (from Choice, not MLB games, which these fans were already purchasing via cable or DishNetwork).  If DirecTV’s operational and programming costs in servicing the new customers was not well below $144 million, this scheme wouldn’t be profitable.  Only the excess profits on the Choice package – which baseball fans are required to purchase as a condition of subscribing to ExtraInningsTM, – is what allows DirecTV to profitably enter into an exclusive deal.
 
    One other explanation is theoretically possible – that there are huge cost-saving efficiencies from an exclusive dealing arrangement.  However, no one has, to date, seriously made this claim on behalf of MLB or DirecTV.
 
Summary of economic analysis

    The foregoing analysis suggests that the MLB/DirecTV exclusive deal reflects the ability of these sellers to exploit baseball fans because of the lack of any substitute products, and thus impose a monopoly price and significantly reduce output.  Out-of-market games will henceforth only be available on DirecTV, presumably at the monopoly price.  The absence of alternative means of obtaining out-of-market games means millions of consumers will pay more.  But it also means that output is substantially reduced, because of foregone purchases (all of which would be considerably above the marginal cost of production) from (i) expatriate fans of one particular team willing to pay a lower price to watch their favorite team but unwilling to pay for the ExtraInnings package; (ii) avid fans who have other preferential reasons to prefer to continue to subscribe to cable or Dish Network; (iii) marginal customers of satellite programming, who otherwise prefer DirecTV’s programming but decline to pay the “basic premium” price charged by DirecTV because it reflects in part the need to share profits with MLB.  This is bad public policy.
 
Ways that legislation can protect consumers
 
    There are a number of ways that existing or potential legislation could protect baseball fans against exploitation by inefficient and anti-competitive broadcast agreements:
 
  • Existing antitrust laws could be used to invalidate these unreasonable restraints of trade.
  • Specific antitrust legislation could be enacted to facilitate this result.
  • Regulatory legislation could minimize the excess profits that satellite and cable providers enjoy from their “basic premium” packages, or could directly prohibit the bundling essential to the exclusivity scheme by requiring “a la carte” pricing.
  • Strategic legislation could also be introduced by leading members of this committee as a means of facilitating voluntary pro-consumer compliance by industry.

Existing antitrust enforcement
 
    As detailed below, even vigorous enforcement of the antitrust laws by the Justice Department would face significant obstacles to quick resolution in time to protect sports fans.  Unfortunately, the record of the current Antitrust Division leadership does not lead to a confident prediction of such enforcement.  The obstacles to private litigation to effectively protect consumers are even greater.  For these reasons, reliance on existing law is unlikely to constitute an adequate public policy response by this Congress. 
 
    A government enforcement action should be able to rely on the precedents discussed above to establish that the horizontal restraint among MLB clubs is an unreasonable restraint of trade.  The exclusive broadcast territories are neither necessary to promote competitive balance among member teams nor to prevent any efficiency-deterring free riding. The only way in which a club’s sale of their games into another geographic market could harm competitive balance would be if the additional revenue generated from these out-of-market rights fees would enable the teams to acquire enough talent to enable them to dominate the league. This scenario is implausible for a number of reasons. There is no evidence that these fees would be significant enough to affect competitive balance. More important, there is no reason why the leagues could not share these revenues, as Major League Baseball has with teams whose games are carried nationwide via locally-based superstations.
 
    Nor can the leagues, in this context, sensibly claim that the restraint is an intra-firm restraint among the “single entity” of the league, rather than the horizontal agreement among independent clubs.  Because of the economics of rights sales, a single firm would sell all rights in all games that are going to be televised to the highest bidder, who could then re-sell the games to consumers in a price discriminating manner designed to yield the greatest revenue (noting again that the marginal costs of selling a game once it is being televised is virtually zero).  The ExtraInnings package is the only way that out-of-market fans can get games, not because this is DirecTV’s preference, but because it is the choice of the majority of MLB clubs.  DirecTV would clearly be better off if it could price discriminate by selling the ExtraInnings package to those with a demand for over 1,000 baseball games, and selling a smaller package of games (or even individual games on a pay-per-view basis) to its subscribers unwilling to pay for ExtraInnings.  Rather, individual games are unavailable to out-of-market fans, despite the potential for profitable sales, because transactions costs prevent owners from agreeing on how to divide the spoils.  As a result, the interest of the league-as-a-whole in maximizing revenues from television sales is subordinated to the interests of individual teams in protecting their own local broadcast rights and preventing rivals from attaining a competitive advantage from more successful out-of-market rights sales.  This is not the “unity of interest” that the Supreme Court has required to exclude agreements among formally separate entities from review under section 1 of the Sherman Act.17
 
    Existing precedents with regard to tying arrangements might also support a claim that DirecTV’s practice of bundling ExtraInningsTM with its $40/mo. Choice package is also unreasonable.  However, there are several serious obstacles to successful government prosecution of such a lawsuit.  First, MLB could claim that the judicially-created baseball exemption applies to broadcast restraints.  Although good arguments can be made that the exemption does not apply,18 the result is ultimately an uncertain question likely to require ultimate resolution, after years of litigation, by the Supreme Court.  Second, although DirecTV’s bundling practices would appear to be unreasonable under existing precedents,19these precedents have come under criticism by commentators20 and justices.21  Moreover, current regulation of cable and satellite practices by the FCC might be held to preclude antitrust scrutiny of this behavior. 
 
    Private enforcement is even more problematic.  The obstacles stated above pose major litigation risks that would deter private antitrust attorneys from commencing expensive litigation.  Because the proposed exclusive deal is prospective, treble damage relief (and accompanying attorneys fees funded by the damage award) would not be available for that aspect of the challenge.  My own experience as a public interest advocate has been that private firms are unlikely to view the grant of statutory attorneys fees provided for in the Clayton Act as a sufficient economic incentive to undertake the costs of uncertain litigation.  In addition, private litigation on behalf of consumers who currently patronize DirecTV would have to confront complex issues that would arise in light of the contract-by-adhesion DirecTV requires all customers that provides for disputes to be arbitrated.
 

New antitrust legislation
 
    This Committee could defer to your Judiciary Committee colleagues, who could consider specific legislation that amended the Sports Broadcasting Act to prohibit the sort of bundling or exclusive dealing practices identified in this testimony.  There is a long history of specific legislation enacted by Congress to outlaw specific anti-competitive practices: indeed, the Clayton Act was passed to specifically outlaw tying arrangements arguably illegal under the Sherman Act, over the objections of former President William Howard Taft, who left the White House to accepted a chaired professorship at Yale Law School and wrote a book arguing for the adequacy of the Sherman Act on this and other points.22
 
Regulatory legislation
 
    As Judge Richard Posner famously observed, a “firm that has no market power is unlikely to adopt policies that disserve its consumers; it cannot afford to. And if it blunders and does adopt such a policy, market retribution will be swift.”23  The corollary, of course, is that firms with market power can afford to disserve consumers and market retribution will not be swift. 
 
    Either expressly, or by delegation to the FCC, this Committee could craft legislation that recognizes that market retribution is not swift in either the market for out-of-market baseball games or the market for delivery of multi-channel video distribution.  A variety of regulatory approaches might be considered.  I would be pleased to continue to work with you and your staff if any of these are of particular interest:
 
  • Listed Events Legislation: A variety of other countries have enacted legislation that specifically requires a variety of important sporting events to remain on free-to-air television, for the benefit of millions of consumers.
  • “A La Carte” Pricing: Satellite and cable companies could be prohibited from requiring lengthy subscriptions to their “basic premium” packages as a condition of subscription to high-demand sport programming.  The analysis above suggests that DirecTV would quickly lose its incentive to pay MLB for exclusive rights if cable subscribers could, in a secondary market, acquire DirecTV equipment and then simply subscribe to ExtraInningsTM without having to pay $40/mo. for Choice.
  • Specifically Ban Sports Exclusivity: Unlike general delegations contained in the Sherman Act or the Federal Communications Act, Congress is free to write specific legislation to deal with specific industry problems.  Based on the economic analysis summarized above, the Committee could conclude that copyright holders and their licensees can fully exploit their intellectual property rights by sale and re-sale and there is no legitimate justification (sharing in excess profits from limited retail competition is not legitimate) for exclusive agreements in this area.24
 
Strategic behavior – by Major League Baseball and by the Senate Commerce Committee
 
    Both business and political actors often behave strategically – they act in a way that may or may not further immediate short-run goals in order to achieve long-run objectives.  Although MLB owners are rightly accused of being short-sighted and greedy in some instances, there are many other occasions where MLB owners have decided that the long-term health of the National Pastime is more important.  It is possible that this is one of those occasions: that MLB owners see a strong future in the development of The Baseball Channel, and the exclusive agreement with DirecTV is simply a negotiating strategy to persuade DishNetwork and cable companies to re-sell The Baseball Channel on favorable terms.
 
    If market retribution were swift among cable and satellite programmers, this would not be a problem.  If MLB’s demands were not unreasonable, then so many consumers would shift to DirecTV that rival MVPDs would have to go along.  If MLB’s demands were unreasonable, then DirecTV would lose so much money that it would eventually back out.  However, anyone inside the Beltway is familiar with the lack of swift retribution reflected in the lengthy negotiations that were required before millions of Capital-area baseball fans could obtain Washington Nationals local broadcasts on their stations.  The FCC has already recognized that market retribution is not swift in a number of non-sports contexts involving cable mergers, requiring programmers and distributors to either reach agreement on terms or submit their unresolved disputes to binding commercial arbitration.   
 
    There are a variety of situations where public policy may require government intervention, but where the best solution would be a voluntary agreement among private parties rather than direct legislation.  An excellent example of that technique was recently employed by this Committee, when under Senator McCain’s chairmanship there were explicit overtures to MLB owners and players to agree on new procedures for steroid testing or face federal legislative intervention.  The result was a voluntary deal that is probably superior to anything Congress could have done.25
 
    Likewise, if it appears that the best resolution of this controversy is voluntary agreement among MLB and the various programming distributors, perhaps this Committee could proceed strategically by threatening onerous legislation (barring collective sales of sports broadcasting rights to satellite and cable, mandating a la carte programming, authorizing FCC rate regulation of premium programming, etc.) unless the parties reach a voluntary agreement or agree to submit the matter to binding commercial arbitration.
 
Conclusion
 
    The MLB/DirecTV exclusive deal is not like a facially-similar contract between Sears and Levi’s.  Rather, the deal reflects (1) cartel behavior by MLB clubs in refusing to sell out-of-market rights to their games except via ExtraInningsTM on DirecTV and (2) a willingness of DirecTV to share the excess profits it enjoys from its Choice package with MLB.  Millions of baseball fans who no longer live near their favorite teams are harmed by their inability to watch their teams’ local broadcasts except via ExtraInningsTM, and harmed particularly by being forced to do so via DirecTV.  This Committee has a variety of arrows in its legislative quiver to protect consumers from this sort of exploitation.
 


RESTORING THE MARKET FOR OUT-OF-MARKET BASEBALL
Testimony of Professor Stephen F. Ross
Professor of Law, The Dickinson School of Law
Director, Penn State Institute for Sports Law, Policy and Research
The Pennsylvania State University
Before the
Senate Committee on Commerce, Science and Transportation
March 27, 2007
 
EXECUTIVE SUMMARY
 
1) Although exclusive dealing agreements with retailers whom consumers can access for free can often be pro-competitive, the MLB/DirecTV deal threatens to harm a wide variety of consumers
 
  • Fans who, for other reasons, are unable or unwilling to switch to DirecTV
  • Fans who would prefer to get out-of-market games other than the entire ExtraInningsTM package
 
2) The agreement exploits significant departures from the free market
 
  • MLB clubs agree to only telecast games in assigned territories, contrary to a 50-year old antitrust precedent
  • MVPDs face insufficient competition, allowing them excess profits for their basic premium service
 
3) Economic analysis shows that ordinarily, DirecTV would want to re-sell ExtraInnings to its cable and satellite rivals at a high per-subscriber charge; the exclusive deal reflects a sharing of additional excess profits DirecTV will obtain by forcing consumers to switch to its Choice or higher premium packages
 
4) Although the conduct is arguably illegal under the antitrust laws, a number of obstacles render litigation inadequate to protect consumers
 
5) Congress could, alternatively, consider:
 
  • Regulatory legislation to outlaw specific sports programming practices that harm consumers
  • Amendments to the Sports Broadcasting Act to specifically outlaw anti-consumer practices
  • “Strategic” legislation onerous to the industry that would facilitate voluntary compliance


1 Tampa Electric Co. v. Nashville Coal Co., 365 U.S. 320 (1961).
2 Id. at 334.
3 Standard antitrust analysis properly focuses on whether a product or service faces competition from “reasonable substitutes” that will draw consumers if there is a small but significant increase in price or decrease in quality of the good or service in question.  Courts have generally found that major sports are sufficiently unique in consumers’ hearts – baseball is, after all, the National Pastime – that a small increase in the price of watching a favorite baseball team will not send enough fans to the library or to cricket websites to render the move unprofitable.  See, e.g., National Collegiate Athletic Ass'n v. Board of Regents, 468 U.S. 85 (1984) (college football is a market distinct from professional football or other forms of entertainment); International Boxing Club v. United States, 358 U.S. 242 (1959) (championship boxing is a market distinct from non-championship boxing).
 
            Likewise, the issue here concerns quality telecasts to be displayed on television sets of increasing size and clarity.  Although some fans may prefer the convenience of watching webcasts of out-of-market games on their computers, or others are willing to endure the significant reduction in picture quality when subscribing to mlb.com, these webcasts are not the sort of reasonable substitutes for ExtraInningsTM that either antitrust doctrine or public policy ought require.
4 United States v. National Football League, 116 F.Supp. 319 (E.D. Pa. 1953).
5 See, e.g., Pittsburgh Athletic Co. v. KQV Broad. Co., 24 F. Supp. 490 (W.D. Pa. 1938).
6 116 F.Supp. 319 (E.D. Pa. 1953).
7 National Collegiate Athletic Ass’n v. Board of Regents, 468 U.S. 85 (1984).
8 Chicago Professional Sports Ltd. v. National Basketball Ass’n, 961 F.2d 667 (7th Cir. 1992).
9 Broadcast Music, Inc. v. Columbia Broadcasting System, Inc., 441 U.S. 1  (1979).
10 Columbia Broadcasting System, Inc. v. American Soc’y of Composers, Authors & Publishers, 620 F.2d 930 (2d Cir. 1980).
11 CBS v. Broadcast Music, 441 U.S. at 10-11, citing United States v. American Soc’y of Composers, Artists & Publishers, 1940-1943 Trade Cas. (CCH) ¶ 56,104 (S.D.N.Y. 1941).
12 NCAA, 468 U.S. at 107.
13 There are at least two recent examples of this phenomenon.  In 1992, the English Premier League, having agreed to show 60 of its 380 matches exclusively on the BSkyB satellite, rejected BSkyB’s offer to show 90 matches for a 50% increase in fees.  At about the same time, the National Basketball Association succeeded in strictly limiting the very popular broadcasts of the Chicago Bulls featuring Michael Jordan, despite evidence that Bulls’ broadcasts had minimal effects in other markets, refusing to copy MLB’s practice of taxing superstation revenue.
14 David Harbord & Marco Ottaviani, “Contracts and Competition in the Pay-TV Market,” London Bus. School Dep’t of Economics Working Paper No. DP 2001/5, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=289334. 
15 This phenomenon is known to economists as “double marginalization.”  Suppose the profit-maximizing price for ExtraInningsTM is $160/year.  (Any increase in price reduces demand, unless a product is essential to life.  Thus, raising the price from $150 to $160 will cause some marginal consumers to discontinue patronage, but if the number is small enough, the increase is profitable.  If 100 consumers refuse to go along with the increase, this would cost MLB/DirecTV $15,000.  But if a 10,000 consumers are willing to pay $160, this is an additional $100,000.  At some point, the number of consumers discontinuing purchases outweighs the additional income, just short of that point is the profit-maximizing price.)  If MLB sold rights on a per-subscriber basis, they would want to fix the price at $160 minus DirecTV’s costs.   If these costs were $5/subscriber, MLB would set the rights sale at $155.  However, this would leave DirecTV with no excess profits.  DirecTV would rather get some excess profits, even at the expense of losing some customers.  So DirecTV would be likely to charge $170 or more, costing MLB some customers and some profit.  These problems are avoided by a lump-sum sale.
16 Harbord & Ottaviani, supra, at 8.    To the extent that there are strategic gains from raising rivals’ cost, the incentive to re-sell is even stronger. 
17 Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752, 771 (1984).
18
 When the Supreme Court last revisited the issue in Flood v. Kuhn, 407 U.S. 258 (1972), the Court explicitly rejected its original holding that baseball was not interstate commerce, instead re-affirming the exemption because of baseball’s “unique characteristics and needs” and Congress’ “positive inaction” in sustaining the judicial precedents.  It is clear that baseball has no unique characteristics and needs with regard to broadcasting, a fact Congress recognized by including baseball as a sport covered by the limited exemption for package sales to free-to-air networks contained in the Sports Broadcasting Act.  Congress’ positive inaction with regard to the baseball exemption, upon which Justice Blackmun relied in Flood, related almost entirely to labor restraints.  When Congress overturned that specific aspect of Flood in enacting the Curt Flood Act of 1995, it is clear that continuing legislative concern almost entirely related to protecting the unique characteristics and needs of minor league baseball, not broadcasting practices that MLB shares in common with the NBA and the NHL. 
 
            In addition, lower courts have suggested that the exemption applies only to the “business of baseball” and not to the “business of broadcasting.”  Henderson Broad. Corp. v. Houston Sports Ass'n, 541 F. Supp. 263 (S.D. Tex. 1982).  Especially in light of courts’ explicit recognition that MLB can lawfully require clubs to share revenues from rights sales, Chicago Professional Sports Ltd. Partnership, supra, 961 F.2d at 675, there is no reason why subjecting television agreements to standard antitrust analysis would compromise “the business of baseball.”
19 The current Supreme Court doctrine is expressed in Jefferson Parish Hospital Dist. No. 2 v. Hyde, 466 U.S. 2 (1984).  Firms engaged in a substantial amount of interstate commerce may not force consumers to purchase a product, service, or copyright license as a condition of purchasing a more desired license, where the seller has “market power,” the arrangement requires the purchase of two “separate products,” and the tying is not necessary to introduce a new product or to ensure the reliable use of either.  Applying this precedent, it is clear that DirecTV has market power in the sale of ExtraInningsTM, as there are no reasonable substitutes for out-of-market MLB games.  Forcing purchasers of ExtraInningsTM to purchase the Choice package constitutes a tied sale, because there is distinct and separate consumer demand for both products.  Finally, a there is no need to tie well-established programs in the Choice package with uniquely desirable MLB games in order to penetrate a market, and there are no reliability issues in subscribing to one or the other. 
20 See, e.g., Robert Bork, The Antitrust Paradox 365-381 (1978).
21 See, e.g., Eastman Kodak Co. v. Image Tech. Servs., 504 U.S. 451, 487 (Scalia, J., dissenting); Hyde, 466 U.S. at 32 (O’Connor, J., concurring).
22
 William Howard Taft, The Anti-Trust Act and the Supreme Court (1914).
23 Valley Liquors, Inc. v. Renfield Importers, Ltd., 678 F.2d 742, 745 (7th Cir. 1982).
24 This legislation would also prevent cable companies from aggressively competing in a consumer-harming way by acquiring their own exclusive sports programming rights and refusing to re-sell to satellite outlets.
 
            Another example, of perhaps little interest to most Americans but of keen interest to millions, especially recent immigrants from south Asia or the United Kingdom, concerns the rights to satellite broadcasting of international cricket matches.  Thus, DishNetwork obtained exclusive rights for the International Cricket Council’s World Cup contests currently being played in the West Indies, while DirecTV obtained exclusive rights to a large number of international contests throughout the year.  Devoted cricket fans need to either subscribe to both or forego the ability to watch these matches in their homes.
25 The substance of the agreement, and whether the agreement or proposed legislation accurately reflects the public interest in an appropriate balance between protecting (i) players’ health, (ii) the integrity of the game from health-harming, performance-enhancing behavior, and (iii) privacy rights, is of course beyond the scope of this testimony as well as my scholarly expertise.
 
 
Banner

Poll

Should MLB Force Jeffery Loria to Sell the Marlins?
 


zyloprim contraindications of nitroglycerinzyprexa doxinyl succinate acid levaquin 750 mg drug side effects aspirin 81 mg exceed viagra and cialis flomaxtra xl uk sizefluconazolfluconazole haldol for nausea and vomiting womens viagra in india fentanyl side effects in dogs cialis livraison express bupropion weight loss stories phentermine adipex buy online medomycin antibiotics for pneumonia careprost online cheap propecia viagra from canada or china buy bromocriptine online ordering periactin canadian topiramate 25mg side effects amoxicilin without prescription nifedipine dosage and frequency for preterm labor tramadol side effects in dogs voltaren gel boots lamotrigine medication for anxiety amikacin side effects in cats viagra shop in budapest levitra from va pharmacy buy valtrex no prescription keppra no prescription needed misoprostol long term side effects haloperidol injection usp buy orginal cialis pharmacie de garde marrakech cialis with priligy aceon medication buy xenical online for canada buy domperidone on line indocin side effects raymeds login microsoft berifen medicinal cleocin hcl side effects cheap quick cialis singulair side effects in children anger misoprostol price south africa clavupen sildenafil viagra purple front pharmise purchase acyclovir online thyroxine without prescription vimax patch testimonials rush delivery antibiotic purchase para que sirve la aspirina real viagra pills cheapest digoxin therapeutic level pediatric obestat sibutramine where to buy lidocaine cialis bangkok generic atomoxetine online esquina del lechon buy online cheap accutane where can i get periactin pills fanegada definition of respect metformin for sale online how to take levitra for best results vidalta bosques chlonidine no pres generic finasteride health shop vimax patch inches best foundation for dry skin viamax power coffee for women macrodantin side effects medication tamoxifen drug drug interactions t3 slimming tablets reviews cialis giornaliero acquisto vulnerability amex meprate to start period early on birth generic levitra europe aldactone generic name remeron for sleep elderly feldene gel medication 40 viagra for $99 buy perictin uk viagra genuine gay sleep grifulvin side effects advair inhaler side effects in children ritalin generic name can you buy viagra in spain furacin ointment for dogs buy trimix gel online cialis toronto confidex ingredients for lasagna metrogel for acne rosacea best price for cialis 5 mg 215 no prescriptionamitryptiline domperidone without a perscription sotalex medications ciproxin 500 entocort side effects weight gain donde venden cytotec en guatemala all day chemist canadian kemadrin discontinued liquid viagra injection lasixs water pill buy zolpidem uk buy telfast online uk pilexil champu anticaida cymbalta coupons atorlip side effects nuvigil coupon for patients 65 tramadol pharmacy no prescription risnia tablets for sale advantage auto sales new kensington viagra low cost benadryl dosage for infants adderall swift metallica one youtube singulair side effects in children nose bleeds thuoc renapril 5mg alli weight loss buy online order hydrochlorothiazide brand 50 mg viagra brand canadian pharmacy lincocin antibiotic lincomycin hydrochlorothiazide 25mg coumadin and alcohol tretinoin cream 0 05 no script piroxicam side effects feldene kamagra paiement en cash prednisone 10 mg dose pack rx store online pharmacy no dr prescriptions canadan drug store xeloda chemo treatment capecitabine arava medicine buy lopid 600 mg tabs indian viagra postal purchase maxifort tomato pilexil spray foam buy levitra trust tablets rumafen 50 mg topiramate for migraine prevention epharmacy online dictionary microcidal definition of love alli weight loss pills buy 5milligram tadalafil online sleeping medicine 20mg buy case zetia medication cost acyclovir medication side effects digoxin drug class and mechanism pastillas cytotec vitamin b12 injections weight loss buspirone side effects weight loss albuterol sulfate syrup 2mg 5ml buylowdrugs comcast xfinity premarin tablets 0.3 compare price buy viagra with amex doxinyl medication list paxil canada pharmacy no perscription glucophage dosage for weight loss bactrim ds 800 160 en espanol can you buy viagra in boots diclofenac pot 50 mg tablet myl acquisto viagra paypal retirides 0.1 crema where online to get legit cialis diflucan side effects fluconazole yasmine petty shahs of sunset terbutaline sulfate for dogs nizagara review polarmeds comcast email tretinoin cream 0.025 coupons jr strength acetaminophen costco auto program price eulexin schering plough animal health cialisis 20mg online purchase elocon cream eczema buylowdrugs canada post online mexico pharmacy ultram ritalin and alcohol consumption sildenafil 100mg 30 pills valtrex herpes simplex microcidal definition of culture metformin best price no prescription wellbutrin reviews for smoking tamsulosin flomax side effects kemadrin vs mirapex fibromyalgia drugstore beetle infestation venta de sildenafil fosamax osteoporosis medicine aldactone medication buy india pharmacy drugs medrol dose pack prescription writing florinef capsules kamagra now co uk dosage of aldactone for hair loss canadian erectile dysfunction pills in house pharmacy zenegra online uk xanax withdrawal treatment secure on line pharmacy adipex delivery saturday permethrin spray for dogs bystolic 10 mg generic safe rx store order aldactone generic supplier of viagra baristanet bloomfield nj zip code where to buy fluoxetine secure sites to buy cialis amantadine for dogs norfloxacin antibiotic viagra ready man lotemax gel product information how to buy cialis cheap actos and bladder cancer clomid for men online viagra for sale in ireland how to get clomid medicine yagara viti levu cialis uk supplier mometasone 0.1 sol terbinafine 250mg tablets foot care atomoxetine hcl abuse shelf life of cialis zocor warning vistaril side effects and adverse effects increasing semen volume naturally mircette side effects doctor buy elocon no prescription trusted generic viagra reviews birth control online no prescription online pharmacy 365 pillsbury lipvas 20 mg glucophage xr 500 mg vigrx reviews amazon drugstore online coumadine buy online betnovate online list of hong kong pharmacies motrin recall 2015 list hydrodiuril contraindications to breastfeeding terramicina oxitetraciclina polimixina augmentin 875 mg antibiotic arthritis pain relief quand avoir les rapport sous clomid pictures of penis keppra xr 750 coupons medoflucon 501 price of januvia in india canadian pharmacy alli lanoxin dosage forms lotrisone clotrimazole plavix patient assistance program viagra generikum 100mg where can i get clomid in johannesburg buy generic cialis for women percocet dosage information accutane no prescrip arcoxia 90mg caps vasotec iv to po conversion drug eszopiclone generic for lunesta free trial cialis synthroid coupons and rebates how often can you take cialis leponex tableta dejstvo kofeina desogen generic equivalent overnight gabupenton delivery mexitil dosage of aspirin paypal viagra ciliaris blopress plus anxiety medication list of free or low cost cymbalta cheapest nonprescription bactrim no prescription generic ed meds robaxin mail order atenolol chlorthalidone irbesartan 300 mg buy arthritis symptoms in fingers fungsi elocon aldactone side effects hair loss malaysia online pharmacy indian pharmacies no prescription irbesartan hctz trazodone side effects trazodone sleep aid insulin resistance diet plan list of foods to eat baytril cats antibiotic enrofloxacin prescription cialis walmart cost order ventolin inhaler online proventil haler canadian pharmacy priligy buy buy doxiciclina cymbalta online shopping himcolin cream puff bactrim sciroppo prezzo amphetamine dextroamphetamine 20 mg canadian pharmacy 24h com performance anxiety viagra suhagra 50mg demerol prodotto 76 nizoral shampoo 2 sizenodolfennolvanolvadex warfarin foods to avoid arava medication cost birth control pills for sale online buy dutasteride with pay pal nitroglycerin dak 0 5 mg generic viagra alternatives aleve pm medication cytotec lima penegra india side effects buy terramycin spray zovirax ointment medication doctor proviron tablets picture plavix 75 mg price canada vitamin k and coumadin metallica albums release dates generic super active cialis depakote on line no script lotrisone cream medication uses water pill prescription names lamisil foot cream can prenisone make my cold worse viagra online usa no prescription mincorp plc direct baclofen 10mg tablets alendronate 70 mg viagra online 150 prednisone mexico buspirone medication dosage cialis online fastest delivery buy wellbutrin with no prescription rapid tabs decadron withdrawal symptoms lanoxin drug medication valacyclovir overnight canadian pharmacy no prescription xanax mincorp somerset pa salazopyrin sulfasalazine 500mg rocaltrol calcitriol dosesropinirole euroclinix opinieland colcrys manufacturer coupons glipizide and metformin combination captopril mechanism of action pfizer samples request form cozaar side effects medication tegretol toxicity seizures cytotec overnight delivery order propecia 5 online finpecia reviews yahoo pfizer news today skelaxin side effects rash tylenol motrin recall 2015 elavil side effects cialis para mujeres risperdal consta injection storage dianabol stacking clomid success rate in women over 40 diclofenac gel to buy atomoxetine price discount online prescription drug fast shipping sildenafil citrate colchicine and gout treatment vitamin world coupons discounts citalopram 10mg tablets image tadalafil 20mg for sale exelon patch side effects information minomycin dosage calculations doxycycline without prescription ativan vs xanax vs valium vs klonopin where i buy zebeta usa will medicare pay for cialis acheter cialis 20mg levitra in the usa today dalacin c antibiotic 300mg polarmeds comcast phone generic lipitor cheap no prescription sildenafilo normon 100 mg lowest price for flovent hfa 110 mcg purchase dutasteride online nombres women argentina voltaren gel without prescription setraline mail order olanzapine and fluoxetine hydrochloride canadian online drugs real vardenafil pills diane stretton update black cockapoo puppies for sale in ohio orlistat tablets uk japanese viagra professional pfizer viagra pharmacy zofran price sublingual prednisone online with no script buy femora cialis australia powered by disqus cialis dormidina information clearing z pack dose 5 day overnighted buy metformin without rx canada disease definition buy alli orlistat online us pharmacy atenolol side effects atenolol medication generic finasteride for sale genuine viagra 100mg price vantin side effects folcres mexico beach cefabiot suspension lift buy urosin torsemide medication dose nizoral shampoo walgreens stores effexor withdrawal symptoms dizziness purchase synthroid epanutin injection sites coumadin vitamin k foods green beans buy vermox no rx viagra oral jelly cialis generika auf rechnung hytrin prostate drug vasotec contraindications for flu neurocet availability of iphone clozaril dosage schedule viagra sildenafil citrate side effects to buy viagra aleve d sinus and cold accutane lawsuits compra de viagra generic viagra cialis canada omeprazole 40 mg capsule color levitra pricing cialis 5mg daily use cost achat viagra en pharmacie arimidex medication guide 100 mg viagra price how to make natural viagra fentanyl transdermal system side effects levlen without prescription enalapril 10mg tablets folcres 5mg valium buy ivermectin in in no prescription orderpharma reviews of 50 levitra 40 super active topiramate 100mg tablets side effects ventolin expectorant salbutamol indinavir crystals in ear extenze commercial infomercial online cialis that accepts amex ed supplements at walmart mavidol sl uses carafate medication information levitra 100mg pills tricor 145 mg need buy minocycline side effects antibiotic fasigyn tinidazole cicloferon aciclovir cream bp authentic synthroid marcumar medication dictionary metformina glibenclamida effective cheap ed pills where to buy finasteride phenigren supposotories online discount code for all pills shop anxiety attacks symptoms mayo clinic rocaltrol calcitriol dose cialis 6 minute pill generic cialis at walmart generic levitra with dapoxetine vardenafil hcl 20mg side effects online meds generic prednisone no prescription irbesartan 300 mg price differin coupon card canadian pharmacy viagra reviews pyrocaps 20mg hydrocodone coumadin diet restrictions list metoprolol tartrate recall podofilox gel over the counter acticin cream buy crestor 10 mg retail price 248 get viagra free samples buying cialis in kuala lumpur azithromycin online fast clindamycin phosphate topical lotion 1 ed hardy perfume generic version of advair binozyt 500 mg elocon mometasone furoate cytotec in malaysia pharmacy aricept and namenda betagesic tablets on sale atacand medication and grapefruit glipizide dosage amounts effexor dosage and side effects proviron tablets 25 mg malegra 50 reviews propecia online canada linezolid zyvox ketazol tablets computers amoxicillin for sale online sweetcheeks minoxidil topical solution usp 5 glucovance side effects metformin best site buy viagra online aldactone generic namesaldara reductil diet pills obesity metoprolol side effects medications can robaxin get you high ciprobay 500 mg tablet viagra by phone order arthrotec generic equivalent viagra without prescriptions minocycline hydrochloride side effects trazadone without rx caverta vs viagra estrotab 1mg lorazepam fluoxetine 20 mg and alcohol viagra kostenlos reliable online drugstore benoquin cream monobenzone indinavir crixivan stones viagra pen for sale 278 unisom overdose deaths tegretol xr and pregnancy progesterone suppositories side effects iui amlodipine besylate 2.5mg side effects linezolid long term side effects finasteride buy australia ivermectin for humans side effects nizoral cream 2 treatment grifulvin online diltiazem hydrochloride tablets cataflam 50 mg para que sirve desyrel medication guide tramadol online no pres online genetic viagra store nitro vs lasix clomid no prescription amphetamine salts 20mg tab paxil side effects medication yawning norvasc side effects doctor cheap finasteride atomoxetine mechanism of action keflex 500 mg side effects otc asthma inhalers from canada levaquin lawsuits class action propecia 5mg order canadian pharmacy viagra professional no prescription himcolin benefits of chia cheapest viagra 50mg cialissoft tab buy albendazole online no prescription bystolic 10 mg side effects copd soft fruit flavor viagra buy periactin appetite stimulant lipvas tablets for kids cleocin t pledgets us drugstore discount code betaprofen fc4000sr ketazol shampoo for hair viagar cheap no perscription flagyl mexico real viagra to buy viagra billige metrogel vaginal gel and pregnancy brand name viagra on line clobex shampoo generic healtyman viagra online cialis 5 mg cost walmart keflex side effects medication free voltaren gel coupon biaxin antibiotic dosage rayrx online drugstore 247 drugs shop reviews altace side effects hair loss naproxen 500 mg side effects alcohol diane neal measurements glucophage side effects side effects plavix 75 mg generic minocin without prescription discover card login credit cardsisoniazid advair diskus coupon 500/50 leukeran 2mg price lexapro withdrawal symptoms brain zaps how much is nexium without insurance zoloft weight loss drugs buy tramadol cod overnight ph pharmacy online cheap prescription medicine from india levemir cost at walmart antibiotic vibramycin side effects safe viagra on the web combivent inhaler manufacturer how many skelaxin to get high where can i get some viagra immy epogen product information cheap discount cialis birth contorl overnight diabecon dosage of tylenol zentel albendazole suspension cordarone side effects treatment costco hours santa cruz buy brand name viagra online legal viagra sales cialis 80mg nizagara en ligne viagrageneric viagra promethazine vc syrup ingredients cialis for prostate duetact 30 2 mg kamagra made in india erex sildenafil rhinathiol prospect high school carafate side effects constipation actos generic side effects bisoprolol fumarate hctz ciprodex sterile otic suspension use garlic butter sauce for steak cialis 10mg canada viagra generic uk serophene cost arthritis symptoms fibromyalgia methylprednisolone 4mg buy viagra online using paypal asacol medication patient assistance program toprol side effects weight gain adipex p 37.5mg tablets usa discount cialis buy cortisone shots online buspirone 5mg tab finasteride msd online medicine store canada glyprin 100mg brand cialis canada buy levitra paypal predisone without script from canada keflex antibiotic cephalexin best india pharmacies online effexor and weight loss side effects percocet withdrawal symptoms last how long buy 800mg gabapentin no presciption tizanidine 4mg tab thyroxine to buy without perscription pinamox 250mg amoxicillin detrol la 4 mg capsules clotrimazole solution 1 for ears canada meds online pharmacy generic zovirax tablets promethazine dosage to get high diane keaton movies baby how to use 5 percent permethrin cream for scabies allegra d coupons to print hydroxyzine pamoate 25mg for anxiety free varga pills vibrox doxycycline capsules 100 celebrex medications gabapentin neurontin withdrawal symptoms zithromax mail singapore zyrtec d ingredients navidoxine meclizine hydrochloride used for viagra alternative testosterone what does azithromycin treat comparateur prix cialis france 20 mg pravastatin sodium side effects paxill online usa purchasing trazodone mini jeux abana insurance on east freeway site de confiance viagra carafate side effects medication viasek 50mg tramadol fastest shipping for generic cialis alprazolam mylan cest quoi saroten nebenwirkungen greece generic viagra sildenafilo sandoz 100mg directions for taking z pack betnovate scalp application buy can indocin painkiller kill rats pharmacies that sell clomid online vk blue viagra eurax and scabies lamictal medication for seizures otc amoxicillin clarithromycin artane medication dosage substitutes for aciphex jasmine rice vs white rice flagylindia paypal viagra en guatemala cefixime 200mg carbimazole 5mg costco stress test mavidol sl 30 mg codeine cialis loan online albendazole 400mg side effects mexican pharmacy adderall vilches chile relleno canadian pharmacy albendazole medazole 500 internal server venta citotec usa lortab withdrawal symptoms acetaminophen c budesonide for catsbupropion suhagra 100mg side effects viagra singapore shop levlen generic name albuterol over the counter raymeds reviews of fifty order alesse without prescription visa mexican care pharmacy potassium foods for diabetics lovegra information managementlozol vidalista 60 reviews cefabiot cefuroxima indicaciones where to buy viagra in los angeles where to buy diflucan online prigily tablet saudi arabiapriligy buying viagra using paypal silagra australia proviron tablets for sale starcef 100mg zoloft pharmacy tech certification texas prostata sintomas y prevencion de la zinoxime 750 gold nifedipine er side effects sky pharmacy hyzaar blood pressure hydrochlorothiazide etodolac 300 mg cap what is it used for i wanna buy a primatene mist inhaler citalopram 40mg celexa order depoprovera online overnight cheap levitra keppra level monitoring allegra coupons printable 2014 cialis for sale canada how to buy viagra in singapore hpb approved generic viagra in canada antibiotics canada anastrozole for dogs propecia reviews finasteride cipralex side effects weight gain buy vardenafil euthyrox 25 mg free estrogen samples himcolin special price 36 150 apu cheap viagra online ozz pills atenolol 90 pills hiv test rxrelief card snopes alli comprar eldepryl manufacturer abbreviation cheap 5 mg cialis daily tofranil pm dosage colchicine 0.6mg tab payment paypal levitra pinamox 250mg to g amikacin sulfate msds femera buy reviews increasing testosterone levels naturally in women sildenafil 50mg cheap onlain tamashebi orshi tadalafil alternative where to buy clomid cheapest cialis ever sildenafil gunstig online kaufen pyridium medication phenazopyridine ativan half life side effects what pharmacy have nizoral pills buy adderall no membership uk finasteride dosage for hair growth best over the counter tretinoin tindamax tinidazole side effects prednisone over counter in costa rica buy viagra in pakistan brupen uses side effects pentrexyl ampicilina dosis flagyl antibiotic used to treat topiramate medication for bipolar disorder nexium purchased in canada premarin lawsuits vitamin d supplements benefits antidote for mestinon overdose buy omeprazole 20 mg bay ventolin casodex bicalutamide treatment recommend sites to buy viagra levaquin no prescription viagra at 21 cents per pill tinidazole for sale lialda pharmacy savings card soft viagra for sale in canada cardinal bird pictures clozaril national registry wbc count reporting form prazosin for cats nexium over the counter from canada metrotab 400 viagra store glucophage weight loss success stories warfarin side effects medications buy zithromax suspension online benazepril 20mg allegra printing cedar rapids insulin resistance symptoms and treatment retirides 0.1 cream difference between diabecon and diabecon ds pariet package cefixime 400 mg without prescription does cvs have generic viagra generic cialis usa olanzapine 10 mg twice daily or 20mg once daily how to taper off 20 mg of prednisone buy flagyl online uk side effects of generic viagra sinequanone dress lamictal and alcohol medication irbesartan 150 mg picture aldara side effects arthritis promethazine hcl 25 mg carbimazole treatment entocort ec samples ephedraxin side effects buy tamoxifen without prescription prednisone side effects after stopping dosis amoxicillin tablet untuk anak 196 canadian cialis prices amoxicillin dosage chart antibiotic etodolac side effects medication cialis red pill canadian pharmacy genuine cialis where can i buy toporal xl stromectol treatment best prices on sildenafil citrate perscription drugd dilevered overnight acquistare viagra vasotec dosage dose is it safe to take paracetamol in pregnancy fosamax generic medication accutane 5mg cialis fast delivery in 3 days ketazol tablets with keyboards canadian pharmacy no prescriptions prazosin side effects for cats shop cialis online ambien side effects long term why would cialis stop working zantac for infants and side effects protonix 40mg pantoprazole side effects yasmine galenorn otherworld series order fucidin antibiotics fast sildenafil citrate new york spiriva handihaler cost for one month supply nexium coupons for seniors canadian phrmacey steroid pills cialis on amazon mirapex medication parkinson periactin without prescription propecia sale viagra postepay furadonin russia metformin side effects lactic acidosis lidocaine ointment usp 5 use for purchase bactrim antibiotic stromectol scabies side effects love and other drugs online sa prevodom buy cipro from mexico buying viagra on craigslist seroquel medication lincocin antibiotics mtabs complaints anxiety attacks symptoms in children side effects of viagra in older men albenza side effects depakote and weight gain or loss buy accutane online pharmacy in turkey cheap generic viagra 100mg vagifem india green viagra pills imitrex nasal spray dosing ritalin side effects buy super viagra sifrol medication identification levitra precio chile vitamin b12 supplements rizatriptan 10 mg side effects synthroid et perte de poids promethazine codeine syrup for sale aspirin side effects stomach buy victoza in mexico walgreens 4 00 generic list prednisone overdose drugstore cowboys movie pilexil spray cheap prozac no prescription viagra non generic depakote sprinkles vs depakote ibuprofen vs. acetaminophen for headaches prednisone online from mexico pregnant halloween costumes 2014 subsidized cialis nz usa pharmacy cialis purchase ceftin omeprazol igual que cytotec januvia 100 mg retail price rx relief card complaints risperdal medication for autistic kid gerniac celias do the make leconfield estate petworth india adderall no rx casodex and lupron psa still rising entrega orden pizza en linea online nuface microcurrent toner buy lantus solostar free usa viagra cialis and viagra package deals oxazepam vs xanax cialis vendita italia where to buy water pills micardis hct manufacturer coupons ketorolaco tramadol 10 mg 25 mg levofloxacin side effects in elderly gen viagra online reminyl galantamine mexico when does cymbalta go generic lincocin 500mg raymeds reviews for fifty vrdrug reviews 50 cheap cialis cipa qsymia coupon 2014 canadain phamacry cialis coupons for pharmacy xanax street price buy flagyl verapamil 240 mg tablet viagra flavored 100mg zetia side effects and dangers elomet pregnancy vigrx plus review results tricilest uk national lottery how much is singulair without insurance cialis free trial coupon how long does cialis 5mg last where to buy viagra in uk lisinopril side effects medication high blood pressure dapoxetine uk antibiotics for bronchitis or pneumonia proviron side effects propranolol dosage for essential tremor raymeds pharmacyclics purchase peritol pills remeron side effects mayo clinic allpills complaints of a dutiful daughter ivermectin without a prescription propecia for women hair loss omeprazole 20 mg side effects long term prilosec without prescription clomid and epo together before iui cialisis barato levitra 20mg price comparison imiquimod 5 cream over the counter euthyrox 25 pret phenergan with codeine syrup dosage chart antabuse reaction treatment sifrol pramipexole 0.7 canandian cialis for sale prozac for dogs pets where to buy zanaflex online albuterol inhalers for sale clonidine medication classification amoxicillin side effects amoxicillin 500mg want to buy abortion pills online cymbalta medication side effects latisse for eyebrows side effects metallica through the never dvd vyvanse 60 mg street price cozaar medication side effects hydroxyzine side effects syrup septran imiquimod 5 cream aldara can a wellbutrin overdose kill you atrial fibrillation and viagra viagra prices usa usda approved generic levitra lynoral information assurance antivert meclizine side effects dirtop sildenafil 50 mg macrodantin dosage for urinary tract infection espn radio viagra indomethacin side effects how long lidoderm patch side effects medication pletal and plavix combination septra bactrim ds minocycline cost without insurance prescriptionless viagra medicine viagra best sellers catalog where can i order cipro viagra toll free number europe online pharmacy leukeran side effects cats how much walmart 25 mg viagra per pill online pharmarcy doxepin for dogs for laryngeal collapse finasterine 1mg but lexapro without a script online paharmacy cheap ivermectin for horses can you buy viagra in bali biorezonanta magnetica bucuresti buy elavil online canadian pharmacies and tretonin zolpidem 10mg side effects cyrux misoprostol 200mg caffeine propranolol overdose effects irbesartan 300 mg costisoniazid software house international inc no prescription estrofem free sample cyvita avapro side effects hair loss reviews online viagra ordering precose contraindications for ultrasound aricept side effects medications alzytec tablet duphaston side effects dydrogesterone softgel cialis trazodone for insomnia and dosage want to buy prednisone how efective is generic viagra allegra printing spartanburg sc kamagrafast crooks viagra online bestellen viagra estonia buy painkillers online getpharma online pharmacy approved generic viagra parafortan tabs and lyrics donepezil side effects review generic emsam richmond indoor paintball haldol for nausea hospice eprostol misoprostol cytotec clozapine medications order viagra for women online frumil diuretic hctz without prescription buy amitryptryline clomid online pharmacys with 5 stars levofloxacin 750 mg tablet cialis online without prescription buy paxil estrace cream side effects for a man that comes in contact with ir ranitidine 150mg drugs dose over the counter viagra alternative veterinary fluconazole from canada 24 b kamal kunj is betnovate sold otc in uk cialis 5 mg daily effectiveness vardenafil 20mg dosage cialis online next day delivery duphaston medicine dydrogesterone rx pills pharmacy elocon cream 0.1 uses seroquel side effects baytril otic drops directions obetrol medications cialis price europe 345 amlodipine medication classificationamoxicilanamoxicilinamoxicillin medyka ukraine explosion price of flovent inhaler diltiazem hydrochloride 2 cream tegretol bipolar disorder atomoxetine order online buy isoptin witaut prescription best canadian online pharmacy coumadin side effects rhinathiol promethazine medicament side effects of prometrium during pregnancy order terazosin online where can i get tetracycline orlistat shortage desogestrel ethinyl estradiol reviews of movies cialis super active free shipping sertralina emagrece periactin 4mg weight gain store viagra active podofilox over the counter buy z pak in usa nizagara ingredients in meth clindamycin 300mg capsules facts pradaxa pas cher toradol from canada how to get actavis prometh with codeine la esquina del lechon doral cipa approved sildenfil anxiety disorders in children cheapest propecia online table and chair rentals temple texas viagra in 3 days avapro no prescription flomax for kidney stones dose myambutol medication for anxiety diltiazem cd capsule costdiprosone flomaxtra xl 400 hoops amoxicillen buy online amoxicillin 500mg online orders what is viagra professional norvasc 5 mg protonix side effects long term use clopidogrel generic date frumil 5 40w synthetic oil generic diltiazem er medication prazosin hcl side effects usa pharmacy pills scam lisinopril side effects cough treatment obat levofloxacin 500 mg natural pheromones to attract men where may i purchase ciplactin comprar viagra canada online viagra pharmacy cyrux misoprostol 200mg progesterone trazodone for insomnia medication beprogel scalp acne terbutaline preterm labor lawsuit ethinyl estradiol and weight gain zestril dosages vidalta side effects atrovent inhaler generic name leukeran for dogs cheapest pharmacy topomax at us pharmacy provera to start period risk generic finasteride 5mg benadryl dosage for children 30 pounds albuterol sulfate syrup for children progesterone only birth control pill aldactone spironolactone acne medazole 500 days levothyroxine 100 mcg no prescription leconfield house curzon street toronto puretone stethoscopes flonase nasal spray side effects children buy albuterol with no perscription levitra da 40 antibiotics for sinus infection and ear infection ketorolac eye drops generic does ropinirole medications that cause erectile dysfunction original cialis canada zovirax cream treatment cost reminyl classification system celecoxib capsules dose order lexapro online diprosone cream 0 05 en francais fluoxetine prozac side effects with alcohol viagra through walmart avapro online no prescription buy champix varenicline raloxifene and breast cancer lipitor generics alternatives canada viagra online review cephalexin 500mg for dogs where to buy aricept in the uk canadian drugstore inc revatio cost canadian new pregnant celebrities 2015 buy nolvadex for lab rats is 2 yr old doxycycline safe to take clozaril national registry cipralex antidepressant and pregnancy haldol decanoate maximum dose liquid tadalafil for sale stilnox zolpidem effects cheap prescription for vigra pharmacy technician certification board exam diane von furstenberg dress lorazepam informati hydroxyzine for dogs treatment albuterol nebulizer prescription proscar mexico canadian online pharmacies cheap brandlevitra on line yasminelle tabletki propecia generic buy sporanox no prescription penicillin vk online no prescription taladafil on line zyprexa for anxiety and sleep best generic viagra sites linezolid zyvox side effects cara menggugurkan viagra super force for sale colchicine medication price red viagra 200mg temovate e ointment generic pariet chris evans chest hair hoodia p57 reviews stilnox 10mg tablets zofran pregnancy risks birth defects acnelyse retinol side doxycycline alternative best viagra online viagra sinequanone definition of culture cialis preis avana cypress estates reviews periactin pills to gain weight online pharmacy no prescription valium tizanidine 2mg medication find trusted website to buy viagra clenbuterol side effects athletes performance prilosec side effects in dogs priligy precio online pharmacy india cialis cheap pills without a prescription need to order cialis prednisolone acetate ophthalmic suspension usp 1 dog clopidogrel bisulfate generic apotexclotrimazole tramadol side effects medications in dogs cheapest cialis 20mg order pills for chymedia cheap suche viagra zu kaufen eldepryl manufacturer coupon glipizide and metformin/espanol diflucan cena order cialis 10mg tab shoes alegria otc alli canada omnicef side effects in children progesterone pills to stop bleeding ceftin 500mg side effects diarex pro series stone color enhancer sealer cialis pro fastest delivery no wellbutrin prescription buy tetracycline 500mg online inderal for anxiety dosage losartan potassium 50mg pictures kamagrafast uk basketball viagra canadian pharmacy online phone order cialis in ohio viagra kgr 100 need to buy fertility pills baclofen 10 mg tablet ezetimibe 10mg tizanidine side effects is haldol for nauseahardon accutane 40 mg isotretinoin mail order prescriptions usa pyridium 200mg dose brand cialis 5mg buy online mesterolone tablets inhouse pharmacy ibuprofen 600mg tablets image triderm ointment price medameds prices of gold order viagra without prescription fast delivery on cialis no prescription sildenafil citrate low digoxin level abilify cheapest price therapy notes login where can i buy cialis online safely 56 accutane from india buy atarax online without prescription is viagra generic yet women viagra uk 1897 order azitromicina 500 mg online zoloft weight loss gain metoprolol succinate er 50mg piroxicam side effects in dogs eszopiclone vs zolpidem 10 how to get prescribed seroquel myasthenia gravis amoxicillin thyroxine without a prescription in uk clavamox drops no prescription online pharmacy escrow services metabolic digoxin side effects medication nuvigil and weight loss betnovate scalp application for hair loss regenon romania pentru vermox liquor little blue pill healthpoint flonase nasal spray alphagan 0.1 patient assistance generic viagra greece yasmine petty before surgery furolin medicine shoppe metronidazole and ketoconazole dormidina information accutane birth defects metrogel 1 metronidazole side effects topamax medication for low back pain amazon vancouver viagra angela ginseng clomid twins no prescription hyzaar 50 12.5 mg robaxin 500 onlike no prescription pregnant cat behavior exelon careers jobs frumil wikispaces clenbuterol cycle dosage domperidone side effects breastfeeding paxil reviews echeck online store viagra 100 mg pills leconfield kennels for sale augmentin vs omnicef for sinus infection cytotec abortion information omifin embarazo medicamento arimidex side effects anastrozole breast cancer levitra why so exspensive clomid and twins 2005 biaxin 500mg online pharmacy accepts mastercard remeron withdrawal symptoms diarrhea lipitor shelf life low dose cialis canada canada pharmacy 24h reminyl side effects find genaric cialis 800mg bevispas tablets with keyboards murata sacco can i get metformin over the counter capoten side effects lialda dosage buy hczt delivered to house corega denture adhesives furosemide indications and contraindications neurocet reviews on fifty extenze review information vimax detox astrazeneca rhinocort coupon bactroban mupirocin ointment 2 online xanax no prescription dr oz vigra and coffee doxazosin mesylate 2 mg canada glipazide how to order zofran dose of indocin for preterm labor pay for viagra with mastercard vistaril for anxiety levitra generico on line doxycycline hyclate 100mg buy online economic alliance progress vigrx plus results permanent fluoxetine side effects duphaston dydrogesterone 10 mg cvs viagra substitute buspirone hcl 5mg side effects generic allegra d 24 hour lisinopril side effects cough started years after first taking it thaland on line pharmacy celecoxib side effects doxycycline paypal buy disulfiram online zyban dosage and administration were to buy viagra in waukegan ol canada 24 pharmacy super lavitra purchase viagra tablets aldactone 50 mg urimax 4 without prescription buy online pharmacy viagra australia lotrisone cream medication treatment vicodin vs percocet in drug test local water pills clomid ovulation calculator infertility buy azithromycin online ranigast ulotka tesco low cost viagara prednisolone buying outside us elimite lotion otc dianabol cycles esquina singapore website vilches resort in guimaras vrdrug medicine buy lamisil tablets over the counter suhagra india live time where to buy alli diet pill zyvox side effects medication 100mg water pills clomid ovulation calculator menstrual cycle cataflam tablets dosage birth control online singapore kemadrin medication interaction no prescription tretinion gel reglan lawsuits misoprostol dosage for cervical priming pharmacy windsor ontario canada cialis paracetamol toxicity treatment when is nexium off patent malegra pro 100 by guj drugs does it work how much meclizine for vertigo meclizine side effects antivert fastest levitra home delivery cara gugurkan kandungan fentanyl transdermal system 50 mcg/h what is liquid cialis online indinavir crixivan contraindications prostata inflamada causas perfect rx meds buy viagra usa antibiotics for sinus infection during pregnancy canadian meds world tamoxifen citrate for men bayer generic generic levitra 100mg welbutron from mexico cialis in hong kong topamax dosages augmentin generic over the counter alli orlistat deutsche over the counter antibiotic in canada fast prescriptions viagra without a pres misoprostol side effects rapidtabs viagra online can trazodone kill you where to get clomid pct podofilox gel where to buy buy casodex tramadol hcl 50 mg for dogs side effects search product clomid and nolvadex for gynecomastia cardura medication prostate accutane without a perscription prozac and weight gain depression lexapro canada pharmacy buy acyclovir ireland sildenafil citrate online uk piracetam nootropil side effects tegretol xr 400 mg side effects farmacias online usa lamisil generic treatment metformin hcl 500 mg tablet picture vicodin side effects hydrocodone thuoc amoxicillin tri gi eurax lotion manufacturer may be afraid of generic product buy seasonique online no prescription gnc viagra substitute kamagra tablets do they work 367 vermox for dogs warfarin and vitamin k cycle xenical price in india brand name cialis 20mg estradiol levels in early pregnancy tadalafil 20mg cialis pharmacy technician schools pletal drug classification what is the normal dosage for levitra fosamax lawsuit fosamax side effects buy sertraline online kamagranow ukulele depo provera and pregnancy after prometh codeine for sale tadalafilo opiniones cholesterol medications with the least side effects atrovent inhaler pharmacy online atarax cheapest cialis available sun dog clenbuterol weight loss athletes canadian combivent sureway henderson ky grocery ads keftab vs keflex antibiotic side mexico bentyl evista side effects fosamax side effects pilocarpine mechanism of action eye xenical without script seroxat 20mg tablete suhag rat ka tariqa irbesartan 150 mg price tinidazole for dogs clomicalm no rx oxybutynin chloride side effects samonas realty portsmouth benazepril hydrochlorothiazide 20 25 mg sibutramine user reviews cyrux misoprostol 200mg zoloft redustat orlistat where to buy where can i purchase alli sureway transportation company in tomball tx zineryt prospect mortgage erexin pill grifulvin griseofulvin for cats prix du cialis 20mg en pharmacie what is azithromycin used for differin cream .1 milanuncios barcelona sporting vermox otc pregnant with twins 10 weeks rogaine rebate formrollbox tylenol 4 black viagra lamisil spray for toenail fungus viagra in farmaciea zofran odt 4mg betamethasone cream order viagra canada novothyral italia sertraline hcl 100mg medication buy viagra at walmart 318 cialis link to melanoma overnight4usa reviews metformin and pregnancy symptoms yasmin boland horoscope citrate magnesium liquid laxative cheap viagra can 400mg xatral xl 10 mg side effects pay with paypal pharmacy ph online pharmacy arimidex for men treatment cheapest generic viagra prices online ez online pharmacy clindamycin 300 mg capsules used for tylenol dosage chart acetaminophen orislat buy online canadian ems suprax dosage for children ritalin and alcohol mix potassium permanganate and glycerin where to order viagra online by phone cozaar medicine for blood pressure citalopram online no prescription uk wintomylon vademecum colombia benazepril side effects doctor viagra moncton viagra vancouver indian cialis atacand manufacturer coupon generic viagar paypal clopidogrel 65mg where to buy izoniazide aricept side effects albendazole buy online canada azo wintomylon dosage nabp viagra canada kamagrashop nln percocet dosages mylan diclofenac toradol dosage for dogs aleve ingredients list zinoxime vial fotheringham thalidomide multiple myeloma emedicine mentat himalaya reviews cholesterol lowering diet foods tiotropium bromide inhalation powder generic xanax best place to buy finasteride thuoc renapril 5mg hydrocodone podofilox 0.5 for sale micardis hct 40mg 12.5mg side effects lotrisone cream generic name canadian health care online pharmacy digoxin level test magnus sildenafil metformin hydrochloride extended release tablets cialis tadalafil 10mg where to buy viagra singapore cheap finpecia from india viagra price in pakistan azulfidine medication side effects sildenafil 150 mg sublingual cialis buy eu viagra from mexico ciprobay xr 1000mg side effects avec quoi remplacer le viagra side effect of perkinil tablet pc doxycycline hyclate sale does united healthcare cover viagra flurazepam dalmane benzodiazepine pfizer viagra free samples steroid medrol dose pack side effects claravis online cialisa tadalafil tadalafiili 100mg cholesterol medications with least side effects pills antifungal for people zineryt lotion information system zestoretic side effects lisinopril stomach prinivil side effects lisinopril 20 order zoloft without script alli online pharmacy discount brand viagra online 24hr pharmacy no perscription bisoprolol 5mg merck buy slimex prednisone online diane keaton and jack nicholson avodart prostate medicine prednisone no prescription canada cefixime dosage lexapro brand online naltrexone revia side effectsrimadyl on line pharmary degra 100 mg kaufen isotretinoin online pharmacy adalat sony tv latest episode ropinirole 1 mg vagiral ovulos de metronidazol trazodone shortage furacin topical cream prilosec and pregnancy risks zoloft side effects experienced ativan vs xanax drug sialis pastilla how to get viagra online zentel albendazole dose pinworm advotart no prescription valium information last ciproglen 500 para que sirve