Home MLB Network / Extra Innings 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 777 guests online

Atom RSS

Opening Statement: Stephen F. Ross on DirecTV Deal Print
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?
 


where can i buy zydis tablets purchase dutasterid in us misoprost maximum dosage seroquel express canada no prescription duetact sale the chepest zydis zanaflex buy canada amaryl canada online no prescription order hyzaar overnight buy propecia without prescription buy prednisona tablets australia where can i purchase fluconazol aciphex canada pharmacy buy generic amitriptyline online no prescription metocarbamol order canada american almetec ortho cyclen delivery london vermox generic india florida zantac order prednisolona from usa without prescription order ephedraxin pills female cialis fast canada best place to buy coumadin online online pharmacy avodart safe buy medazole online nootropil buy online india order tinidazole online no presctiption buying pyridium in manchester buy generic cefadroxil online with prescription where do i minocin in uk florida anafranil alesse pills buy online buy motrin online in the united states without a prescription maxaman birth control online uk use ranitidine coupon online purchase aleve online can order reglan online antara billig kaufen minocin without perscription azitromicina mg order where can i buy ampicillin clavamox prices cvs prednisone limited india sale prozac buy valaciclovir online safely etabus canadian medications without prescription legal buy diclofenac gel online canada prednisolone purchase buy diarex tablets uk buy estro online from australia arjuna fast uk propranolol medication overnight delivery thyrox mg buy where to buy cheap generic topamax buy unisom bulk imitrex canada no prescription indian pharmacy brafix cheap flovent no prescription buy detrol cheap how to use amoxiline triamterene from usa purchase ampicilina on line in australia non prescription orlistat pharmacy ondansetrona for purchase without a prescription where can i buy celapram ordering noroxin usa levothroid prescription only compare prices arava where do i dutas in india original unisom online premarin canada no prescription skelaxin buy online mexico aciphex with no rx cabaser mg tablet glucotrol xl lawsuit extendaquin no prescription compare prices propecia generic india cost of glucotrol xl zenegra tablets uses cialis soft where can i buy purchase ranitidine online no prescription safe to buy generic tretinoin from canada hydrodiuril coupons buy singulair online amazon haldol discount buy caffeine ergotamine tablets uk where to purchase diflucan cialis sunspace retin a gel 0,1 generic wikipedia drugs how to purchase stediril amlodipin online pharmacies with out prescription revatio dosage instructions i want to pay some prometrium tadacip in usa can you buy glucotrol in ireland to buy diflucan online actoplus met with no prescription online no prescription uk for wigraine desyrel generic australia where to buy compazine online without rx atomoxetin online no prescription order celebrex uk pharmacy where to buy midamor with mastercard where to buy renagel lopid drug in mexico pharmacy ortho tri cyclen without prescrip order bisoprololi fumaras on line mexico bupropionum online pay paypal emsam italiano indian pharmacy sinequan seasonique for sale philippines toprol xl without a prescription from australia zyloprim next day delivery purchase dutasterid on line in canada generic calan us very cheap clavamox diovan online without prescription where to buy detrol without a prescription ordering glucovance india order cialis professional online no prescription with a amex terramycin brand positioning depakine chrono drugstore.com buy lasix in singapore brand name cialis soft online buy fluticanose pills in the uk viagra sublingual drug schedule buy aripiprazola with a mastercard brand name tadalis sx online overseas pharmacy no prescription anafranil danazol delivery london buy singulair inhaler canada where to buy protonix online canada nolvadex buy australia buy doxycycline online india comprar minocycline original en madrid retino a cream 0,05 generic mexico generic zenegra cost how to purchase acnetane buying serevent buying mentax tadapox dosage too high where to buy dutasterid online canada what is robaxin pills used for amoxiline usa where to buy cardizem mg where to buy etabus in canada safely buy vermox online from mexico singulair side effects uk trileptal online in uk diflucan no script buy maxalt online safely levitra plus women buy purchase c ratioph in uk can you get decadron buy fasigyn online safely sheep accutane order bystolic uk sale buy proventil pills in the india how to purchase retino a cream 0,025 buy baridium in singapore buy brand clincin can you only get elimite on prescription where to get doxycycline pct research grade medrol list of tesco stores selling misoprost ordering sominex on line order metocarbamol online no presctiption albenza weight gain buy lamisil online amazon buy biaxin online from uk online delta cortef india to buy zyrtec generic atorlip 10 usa pharmacy tretinoin 0,025 no prescription needed canadian online pharmacy can you buy isoniazid in ireland tadacip pct buy orlistat pris retin a 0,05 on line in the canada clomid lowest price metronidazole over the counter usa nexium legal in england coversyl discount how much is yaz tablets purchase fluconazol in australia where do i cleocin in uk retino a cream 0,025 daily use reviews buy arjuna pills in the australia can you buy dipyridamole online western drug alti doxycycline can we trust himcocid online buy disulfiramo inhaler canada buy evista boots pharmacy simvastatina to buy in england is cialis jelly legal in uk all types disulfiramum pills janumet online bestellen ciprofloxacina lawsuit research grade micronase best place to buy oratane protonix online without rx motrin drug in usa pharmacy alesse price without insurance valtrex to buy in the usa without a prescription buy januvia uk requip drug class where can i get detrol pills avodart uk online lipothin without a prescription from australia over the counter drugs similar to prednisolona where to buy tofranil without a prescription buyers of danazol canada where to buy actonel shallaki without a script buy pravachol boots buying erection packs 1 using paypal lithium without subscription cozaar usa no prescription abilify supplier in uk is combivent a prescription drug buy phenergan without prescription stromectol lawsuit canada cytotec order buy cardura online no prescription usa dutasterid pills buy online what types of cabgolin are there disulphiram birth control online canada cheap genuine celexa online where can i get lexapro pills order anteovin without prescription where to buy tamoxifen ointment c ratioph for men sale in uk us online pharmacy no prescription bupron best place to buy cialis jelly compazine doctors online rythmol sr noprescrition needed usa online pharmacy order ovral l on line india tretinoin 0,05 usa cialis jelly without insurance aricept from china levitra professional canada no prescription pharmacy buy drugs sarafem buy topamax online in the united states without a prescription order tetracycline from india without prescription where can i get indocin best place to buy trial erection packs 1 in uk is vytorin legal in uk buy metformin no prescription orlistar canada overnight delivery triamterene without a prescription from india hoodia buy without finpecia without subscription how to use amaryl zoloft fda approved to buy without prescription female viagra cheap mexico pharmacy antara spain generic clavamox safe order isoniazid rx apo furosemida india sale cefadroxil online mexico ondansetrona buy australia where do i lantus in india tricor pharmacy mail order what is effexor xr mg used to treat thyrox uk next day delivery avalide online forum sale seasonique buy shallaki bulk levitra plus canadian online cialis indonesia buy brand thyrohormone sildenafil citrate with no subscription caprysin on line in the usa procardia mg tablet levitra super active pills buy online buy benadryl online pharmacy cheap alavert mg order atorlip 10 without prescription buy propecia low cheap price lamictal no prescription fedex ups acai online where to buy thyroxin with mastercard purchase meclizine on line in mexico indian generics online levitra super active canada buy lamisil without prescription prometrium lawsuit fast ortho tri cyclen deleviery medrol dosepak with paypal payment where could i buy aciclovir without prescription otomax order online no prescription hytrin online ordering purchase aygestin on line in mexico lopressor pas cher buying retino a cream 0,05 in manchester indian pharmacy quibron t buy fluoxetine online mexico no prescription diprolene canada keflex on line in the mexico relafen generico italiano pyridium lowest price online alfa flucon legal in england flagyl er uk buy roaccutan with no subscription zithromax mg canadian rx to buy erythromycin in uk trusted online pharmacy yasmin generic canada buy liv 52 without a subscription safe to buy generic fluoxetine from canada genuine flagyl er best price yagara pills online in the usa order tegretol online no prescription with a echeck safe buy cleocin online very cheap amoxil best site get cefadroxil trial erection packs 3 mexico no prescription salbutamol with no rx plendil pills online in the uk ayurslim india sale ciprofloksacin mg no prescription purchase vasotec on line in australia safe mobic no precription eldepryl online no prescription pariet without a perscription viagra generic 2013 drugs elavil order online no prescription order metformin online uk is amlodipin a prescription drug buy doxycycline online us no prescription get brafix las vegas generic trial erection packs 1 india purchase glucofage on line in mexico viagra professional online in usa drugs similar to thyrohormone aripiprazola no prescription overnight delivery viagra jelly over the counter australia where can i get viagra pills a good web page to buy zyrtec with no script no script tegretol mg proscar on line in the canada is mail order propecia safe buy medrol pills in the india motrin pas cher buy paroxetine online no prescription us neurontin australia companies only albenda drugstore com pricing amoxiline dosage too high erection packs 1 where can i buy it buy frusemide tablets india renagel canada pharmacy atomoxetin generic canada purchase proscar lowest price isotretin mg tablet zithromax online australia betnovate next day norvasc with no rx prandin tablets uses buy zofran online canada keppra tablets side effects buy mobic online no prescription usa meclizine no prescription anastrozolo uses medication sildenafila usa sale aleve for sale australia strattera order order tadalis online no prescription with a amex buy tizanidina tablets australia where can i buy etodolac online without a prescription generic retino a cream 0,05 uk cheap canadian bupropionum no prescription amantadine weight gain retin a gel 0,1 order in the us quibron t with paypal payment order revatio on line canada online innopran xl purchase buying cialis from canada no prescription retin a 0,025 costco order atorlip 10 on line usa side effects of clonidine tadacip cheap india pharmacy safe cialis online order skelaxin from mexico without prescription what drug category is plendil meloxicam enolat with no rx colchicina pills online in the uk mexico pharmacies online that sell cialis super active toprol mg uk can i buy benadryl in canada order serophene on line uk buy advair online from canada minocin best online non prescription pharmacy ventolin uk companies only purchase trial erection packs 1 on line in uk triamterene from canada maxalt online ordering viagra sublingual cost in canada buy imitrex online without a prescription brand zantac buy best site to buy etodolac order demadex on line india duphalac shelf life fine viagra fluticanose max dose ampicilina canada is mail order lamisilate safe purchase thyrox in mexico buy florinef in ireland estradiol valerate cheap us pharmacy mercury drug can you order orlistat generic viagra professional uk paypal aciclovir brands india buy generic premarin online with prescription get lopid toronto can you buy retino a cream 0,05 online avalide online canadian where can i buy singulair online without a prescription order priligy no rx canadian pharmacy buy compazine singapore atorlip 10 online in canada order ortho tri cyclen tablets buy thyroxine online canada sildenafila drug in usa pharmacy arava order canada trial erection packs 1 fast india aprovel fast mexico safe to buy generic prednisone from canada prometrium birth control online canada betnovate mg buy safe buy furosemide online vardenafilum mg india where do i quibron t in usa nordette fast india buy apo furosemida with paypal percocet with paypal payment buy accuran online from usa safe to buy generic permethrinum from canada albenda legal in england erection packs 2 noprescrition needed usa online pharmacy buy cardizem in ireland canadian pharmacy cialis buy elavil in singapore stieva a drug schedule compare prices simvastatina india pharmacies online that sell cabaser legal buy minomycin online canada indian pharmacy bupron sr elavil reviews for men med cab sominex dutasterid no rx vistaril next day trial erection packs 2 cheap us pharmacy purchase lopressor in india antara over the counter usa prandin noprescrition needed uk online pharmacy buy aricept online reviews nitroglycerin over the counter australia how to purchase lansoprazol metronidazole buy online australia online pharmacy uk motilium albendazole to buy in the uk without a prescription caffeine ergotamine drug in usa pharmacy indocin australia price buy plavix with paypal where can i get vistaril from kamagra medicine online order c ratioph online uk buy doxycycline pills online metformin buy online mexico i want to pay some propranolol oristal sublingual dosage suprax generico italiano doxi 1 online pharmacy shipped to canada buy remeron with a mastercard tadapox from usa buy florinef tablets usa vytorin online no prescription nolvadex reviews accutane order erection packs 2 no prescription needed can you buy vermox online buy apo furosemida pills in the australia generic amitriptyline india differin online from usa where can i get dutasterid pills buy over the counter tricor online where do i orlistatum in mexico no script oratane mg brand advair buy zestril to buy in the canada without a prescription kelnor drug canadian pharmacy aricept pharmacy mail order avodart tablets order lanoxin online mobic lowest price online buy noroxin no prescription buy elocon pills in the us omnicef mexico pharmacy fasigyn over the counter canada effexor xr maximum dosage purchase motilium online riperdal canada online no prescription can i buy lantus in canada nizagara online canadian buy trental no prescription order caffeine ergotamine from canada without prescription a good web page to buy sildenafila with no script donde comprar comprar cialis what is viagra jelly mg used to treat flovent max dose is retin a 0,025 a prescription drug buy thyroxin mg online for mentax online coupon code my actonel coupons purchase hydrochlorothiazide on line in australia flucazole online uk vagifem without a perscription imitrex to purchase without a prescription buy estrofem online us no prescription buy isotretin singapore orlistato pill shortage tadapox dosage instructions where can i buy seroquel tablets actoplus buy online ireland buy arzomicin online overnight buy skelaxin online no prescription us how to take doxi 1 mg ovral l delivered to your home periactin with paypal payment generic glucotrol xl no prescription how to get feldene in australia best place to buy seasonique in usa buy luvox online with no prescription etodolac drug canadian pharmacy best place to buy levitra without a prescription phenamax shortage online glucotrol xl with no prescription mexico pharmacies online that sell benadryl where to buy skelaxin buy liposafe online overnight ordering albuterol order olanzapine online no prescription with a echeck best probalan prices get emoquette toronto buy renagel online from uk orlistato lawsuit canada indian pharmacy prinivil a good web page to buy brafix with no script thyrohormone suppositories buy ayurslim online without rx where to buy vermox without a prescription order zitromax online no prescription with a amex proscar online canadian discount baridium from usa buy lopressor xr without prescription quetiapinum online in uk online pharmacy ondansetrona where to buy prometrium online canada generic zyvox usa prinivil without prescription pills safe place order zofran how to order toradol where to buy tenormin with mastercard where to buy mometasona mg where can i buy retino a cream tablets amoxiline over the counter australia micardis women buy best place to buy zetia in usa delta cortef legal in england tetracycline on line in the usa trandate lowest price order estrofem no rx canadian pharmacy amoxicilina reviews for men will cialis make you last longer cialis sublingual daily use reviews is it illegal to order generic duprost klipal codeine us companies only cheap reglan uk ordering relafen mexico buy avodart tablets uk levitra professional without prescription buy lamisilate pills in the australia online no prescription uk for ephedraxin order cialis professional from canada without prescription buy renagel online with no prescription silagra drug in canada pharmacy cialis soft drug in usa pharmacy discount trazodone otc purchase aviane 28 in australia buy cleocin gel online amazon viagra simbabwe order prandin no rx canadian pharmacy apo clopidogrel generico italiano buy glucotrol xl with a mastercard lopid over the counter india order ortho cyclen from india without prescription aristocort online pharmacy shipped to canada female viagra buy online canada buy warafin mg voltaren tablets price buy estrofem online mexico no prescription buy brand levoxyl raloxifeno medication on line best place to buy accutane in uk antabuse fast usa vytorin to buy in the uk without a prescription artane in croatia where do i innopran xl in canada buy aldactone online with no prescription strattera dose mobic generic name generic key pred buy canada aciclovir over the counter canada best place to buy eurax dutas birth control online uk amoxiline pills sweat buy mevacor boots pharmacy buy prozac online usa how to order fluconazol vytorin on line in the uk bupron australia companies only aristocort birth control online us order probalan from australia without prescription order glucovance from india without prescription over counter remeron kelnor india no prescription purchase ortho tri cyclen lowest price mentax cheapest rate hyzaar pills buy online legal buy oratane online canada thyrohormone canada drug store ordering triamterenum pulmicort tablets from buy how much is exelon tablets propranolol pct buy cafergot dosage too high original klipal codeine online frusemide where can i buy it buy doxazosin boots tadalis online no prescription purchase ventolin in us gabapentine with no perscription buy ampicilina hong kong retino a cream uk sale where do i salvent in australia generic diflucan usa ordering midamor usa order levitra super active without prescription doxazosin weight gain augmentin brands india salbutamol in croatia order eurax on line uk advair over the counter usa non prescription cytotec valaciclovir uk companies only florida predalone best place to buy bactrim in usa order compazine from mexico without prescription order revia tablets buy actos online from india brand levitra birth control online canada aloprim pct buy where to buy carbozyne with mastercard buy levlen pills online safe place order vistaril buy cabgolin with a mastercard 150 viagra dutasterid in croatia thyrohormone for sale uk neurontin prices at costco low price wigraine uk eldepryl online with out prescription carbozyne dosage too high ventolin pills buy online elocom canada online no prescription elocom buy online australia artane purchase what is abilify tablets craigslist toronto bupron sr india companies only purchase amlodipinbesilat in us snovitra super power online ordering buy metocarbamol online amazon dyazide prices at costco canadian pharmacy skelaxin fluconazole 150 mg atorlip 10 pills online in the canada tretinoin 0,05 pills online in the india canadian pharmacy online zofran buy klipal codeine online from usa brand kamagra oral jelly buy glucovance best online non prescription pharmacy ortho cyclen trusted online drug stores in canada janumet no prescription needed amitriptyline pharmacy mail order meloxicam enolat online legally order arimidex no rx canadian pharmacy trazodone over the counter ordering speman purchase lipitor lowest price buy atomoxetin without a subscription lopid pills online in the uk buy generic combivent online with prescription ordering etabus capoten medicine online dutasterid no script doksazosin lek over the counter usa extendaquin to buy side effects of metoclopramide fluoxetina cheap australia pharmacy where to buy lopressor stromectol buy uk mexican pharmacy no prescription rythmol sr tamoxifen pills sweat dipyridamole pills sweat lanoxin medication side effects my dostinex coupons mircette online in usa zyrtec prix en pharmacie en france celebrex pills sweat misoprost for dogs buy where can i get some xenical thyroxine weight gain medrol dosepak without a prescription from australia procardia dosage instructions very cheap apo clopidogrel lotensin next day delivery can order renagel online where to buy inderal online canada sinequan online canadian duetact oestrogel without a prescription from australia cephalexin tablets buspar mg canada billig coreg online kaufen atarax fast uk cheap genuine colchicine online buy cialis sublingual with paypal valaciclovir canadian online overnight pharmacy ortho cyclen delivered to your home the chepest esperal ciplox medication overnight delivery how to order vistaril why has hoodia been discontinued baclofen no rx order metoclopramide from uk without prescription where to buy renova online india carafate with no rx viagra professional roche precio argentina advair diskus overnight pharmacy diflucan online coupon code clincin cheapest rate get tenormin las vegas bisoprololi fumaras birth control online canada triamterene cost in canada azurette on line in the usa clopidogrelum canada glucotrol xl uk no prescription elocon tablets side effects sildenafil citrate prix en pharmacie en france female viagra online mexico order v gel on line india feldene generic canada accuran pills sweat generic cialis jelly india where purchase feldene online nizagara purchase riperdal online bestellen online renova purchase where do i zebeta in canada liquid maxaman review brafix in croatia etodolac sold over counter hydrodiuril to buy serophene medication buy zofran have no prescription amantadine generic name moduretic shoppers drug mart buy trental online no prescription asacol costco safe to buy generic renagel from canada generic erection packs 1 buy canada inderal buy india amoxil canadian online overnight pharmacy best place buy metocarbamol pct where to get estrofem pct online pharmacy uk microzide bactrim discount no prescription buy doxazosin pills in the australia is generic medazole effective over counter oristal alfa flucon cheap australia pharmacy sumycin italiano artane next day delivery floxin shopping buy generic zantac online ordering tizanidinum canada vagifem from usa order generic zebeta us online pharmacy no prescription trial erection packs 1 serevent italiano order ampicillin without prescription female cialis pas cher maxaman over the counter india legal buy silagra online canada best site to buy anteovin v gel mg order mirapex mg order how much is levothyroid tablets buy clomifene online us no prescription cost of cipro without insurance yaz sold over counter how to buy zantac in canada tenormin to buy in the canada without a prescription mevacor from usa order liposafe from india without prescription best place to buy nordette in canada prandin without a prescription from canada what is moduretic made of comprar revatio portugal buy avodart boots pharmacy buy robaxin singapore best place to buy premarin in india promethazine pct buy kamagra buy usa inderal next day delivery order wellbutrin online canada can you order etabus where do i warafin in mexico buy alti doxycycline online overnight delivery apo furosemida from china ordering movalis uk prozac from usa valtrex online canada buy cialis jelly without prescription wellbutrin no rx is generic albenda available in usa half price curacne motilium online purchase shuddha guggulu in australia ordering vistaril uk order janumet from mexico without prescription serpina pills online in the australia movalis for men in usa purchase strattera lowest price tadalis usa cvs prices best place to buy shuddha guggulu in australia order sepibest from uk without prescription online pharmacy c ratioph seroflo uk brand name can you take zedd daily brand name elocon online indocin canadian online overnight pharmacy danazol generic canada generic apo furosemida cost indian generics online avapro buy januvia tablets uk where to buy stromectol with visa acnetane to buy prednisona india companies only cheap diarex pills purchase ciprofloxacina on line in australia generic adalat usa malegra dxt supplier in uk buy lexapro mg valaciclovir no prescription fastest emsam uk delivery flagyl er online order order premarin from mexico without prescription brafix shopping ovral l over the counter uk order zetia from uk without prescription buy voveran sr online no prescription usa buy parlodel online mexico no prescription flunil order online duprost drug in fr pharmacy tizanidina pharmacy prices list safe to buy generic zentel from uk generic phenergan no prescription order cialis jelly rx canadian exelon where can i buy azurette bactrim perth australia viagra sublingual generic usa why has retin a gel 0,1 been discontinued cheapest doksazosin lek tablets uk speman delivery estradiol valerate canada head office how to buy aripiprazola online canadian pharmacy online lady era bupron sr online usa buy clonidine tablets usa aloprim overnight pharmacy safe bupropionum no precription cost of glucotrol xl without insurance i pill sildenafil citrate website nexium perth australia discount cialis jelly of canada where to get detrol pct generic uk paypal tegretol side effects of prozac risperdal refills order prinivil online canada safe carbozyne no precription where to buy cheap generic diarex glucophage mail order buy astelin usa buy estrace in india online inderal where can i buy lozol no prescription demadex next day delivery flagyl er buy online ireland lotrel express canada can i make pyridium buy brand thyrox buy ponstel online us no prescription rosuvastatin over the counter usa order zetia on line usa carafate buy cipralex pills in the mexico order brand amoxil on line uk seasonique billig kaufen compare prices levoxyl ordering zestoretic uk buy ivenox online in the united states without a prescription levoxyl trusted online drug stores in canada can you buy haldol over the counter in germany prilosec drug in canada pharmacy where to buy zithromax ointment erection packs 3 without a prescription from australia female cialis buy no prescription buy apo clopidogrel xr without prescription oristal mg buy diclofenac gel online without rx maxaman canada overnight delivery cilest dosage too high ivenox best online non prescription pharmacy rogaine 5 pills buy aviane 28 online with no prescription very cheap propranolol over the counter medicine that acts as amlodipinbesilat buy alavert online with out prescription what does serevent my zithromax coupons viagra predaj reglan where to buy in canada venlafaxina online canadian isotretin for sale australia celexa uk no prescription albuterol inhaler without rx aristocort pills online in the usa viagra plus shopping best place to buy accutane in india what types of lanoxin are there where can i get metformin pills keflex discount requip pills sweat fastest vagifem uk delivery cialis soft pas cher comprar cialis super active original order actonel from india without prescription order zyloprim online no prescription with a mastercard counterfiet viagra from india can you buy zithromax extendaquin pharmacy prices list order seasonique without rx januvia generic india zyvox generic usa safe place order lisinopril tofranil generic usa cheap genuine asacol online ortho cyclen pills online in the india alli weight loss cheap cardura brand positioning aricept generico italiano atomoxetin cheap us pharmacy lipitor max dose actoplus without a perscription all types klipal codeine pills safe cleocin no precription generic zentel uk ordering tinidazole canada klipal codeine tablets uses antivert daily use reviews lady era from canada with no prescription zedd tablets buy noroxin prices where can i get paxil from is it illegal to order generic erection packs 1 leukeran usa cvs prices clopidogrelum buy online mexico erexin v where can i buy it amlodipinbesilat pills buy online cheap hyzaar free delivery buy retin a tablets us minomycin to buy in the uk without a prescription order tamoxifen from canada without prescription buy doxi 1 pills in the australia canadian pharmacy online diovan buy diprolene online no prescription uk disulfiramum without a prescription from australia us online pharmacy no prescription antara where to buy cheap generic vasotec what is vistaril tablets lisinopril buy online mexico artane no prescription compare prices how to buy aciphex triamterene maximum dosage uk pharmacies online that sell atarax buy generic noroxin online prednisone online india cheap coumadin sale uk cipro italiano celapram us companies only reviews on neurontin desyrel drug canadian pharmacy buying periactin from canada no prescription cialis sublingual tablets buy best place to buy renova in mexico vermox pills sweat zenegra online usa purchase microzide in mexico order detrol without prescription zovirax price buy mircette tablets canada comprar female viagra portugal aldactone online australia uk pharmacies online that sell vasotec trial erection packs 2 cheap uk pharmacy safe buy trial erection packs 3 online buy lopressor online usa propranolol without prescription finpecia australia pharmacy how to buy arjuna long time side effects confido purchase tamsulozin on line in canada aloprim pills online in the canada skelaxin online without prescription prednisona india sale abilify delivered to your home diclofenac from india purchase cialis on line in mexico isoptin legal in england canadian drug company zovirax best place to buy viagra sublingual online lamictal discount is mail order elocon safe purchasing baridium online uk elocom without insurance ordering maxaman on line mail order generic tizanidina sepibest over the counter canada metoclopramide uk no prescription online parlodel india paxil mg usa accutane canadian medications without prescription where can i get singulair buy lasix tablets australia aciclovir mexico no prescription tizanidina delivery uk liposafe refills order ciprofloxacina online without rx leukeran from usa pharmacy clomide pakistan buy viagra uk buy allopurinol singapore nordette drugstore com pricing buy seroflo online usa biaxin no prescription needed canadian online pharmacy best site get remeron sale oxybutyninum zedd drug in usa pharmacy hyzaar cheap uk pharmacy dostinex birth control online uk buy ciplox online canada no prescription is generic albenda effective premarin tablets from buy can you only get phenamax on prescription buy torsemide without a subscription best place to buy cabgolin online florinef india companies only remeron shopping sarafem pills online in the uk furosemide medicine children discount movalis mg nordette uk next day delivery buy venlafaxina online without a prescription fastest cialis professional uk delivery order microzide online uk over the counter medicine haldol where to buy prinivil ointment order estrofem online female cialis australia price where could i buy nolvadex without prescription betnovate buy online ireland order acivir pills from india without prescription generic nexium uk paypal cardizem medicine children compare prices cardura aviane 28 without prescription where can i buy diclofenac cefixime prescription coupon buy cialis soft tablets uk lanoxin pharmacy prices list med cab buspar buy strattera online cheap buy celexa low cheap price levitra generic usa elocom canadian medications without prescription buy rogaine 2 tablets us where purchase quibron t indian pharmacy levoxyl tricor buy online australia revatio buy online canada canadian pharmacy flucazole detrol online from uk comprar mirapex en argentina buy stromectol in india online confido us companies only all types flucazole pills can you buy apo clopidogrel buyers of mevacor canada can order levitra plus canada generic sildenafila usa buy indocin boots where purchase cipralex nexium online forum is there a shortage of torsemide permethrinum on line in the canada buy artane online purchase fluss 40 online no prescription zyrtec buy canada cytotec online usa diprolene mg india clonidine results forum brand viagra generic canada to buy caffeine ergotamine in uk is mail order stromectol safe non prescription zanaflex pharmacy overseas pharmacy no prescription viagra jelly robaxin supplier in uk mexico pharmacies online that sell florinef cabaser on line in the mexico suprax generic india best online pharmacy generic seroflo buy confido online from australia purchase caprysin online no prescription buy arava in singapore can buy bupropion online best site get diprosone amoxil canadian medications without prescription buy amoxycillin online safely buy cabaser tablets usa where do i seroflo in canada motrin fast mexico canadian pharmacy dunedin fl mexican pharmacy no prescription renova online decadron overnight delivery best site get levitra super active best place to buy zertalin keflex noprescrition needed canada online pharmacy eurax uk no prescription american amlodipin generic celexa uk paypal cost of trial erection packs 1 without insurance artane roche precio argentina thyroxine trusted online drug stores in canada fast bupropionum deleviery requip to buy etodolac australia companies only what is zofran used for best site get prednisolona buy zetia online with out prescription best place to buy l thyroxine in india buy aristocort online no prescription cheapest diflucan tablets uk best price amitriptyline beta val online usa where purchase triamterene buy key pred online from mexico where to purchase female cialis paroxetine online without prescription what drug category is dyazide ortho cyclen pills sweat ordering zanaflex canada elocom lawsuit canada seroquel on line no script colchicina online australia online pharmacy uk phenergan percocet from india buy omnicef uk over the counter drugs similar to claravis permethrinum shopping tizanidina from usa plavix delivered to your home movalis no prescription seasonique tablets side effects get dutasterid toronto amoxicilina canadian online purchasing claravis online uk propecia order by phone where do i zebeta in mexico order cleocin gel from australia without prescription purchase quetiapinum in uk where to buy dramamine with mastercard best place buy salbumol pct buy thyroxine online overnight best price tretinoin 0,025 buy zydis pills online demadex usa sale purchase exelon pills where do i thyroxine in mexico to buy zertalin buy sildenafila online from canada buy serpina pills online sertralina without a prescription from australia buy brand zertalin levitra generic canada minomycin uk buy raciper for men sale in uk minocin no prescription top 10 online citalopram sites canadian pharmacy online nexium buspar discount no prescription retin a online usa no prescription tetracycline birth control online australia mobic online from canada obelit non perscription countries is roaccutane legal in uk how long does 5mg cialis last buy advair mg dipyridamole next day lotrisone birth control online us can order retin a gel 0,1 online femara shortage duprost phone orders how to buy endep online deltasone canada prescription get bupropion las vegas buy flonase tablets best place to buy levitra professional in usa purchase thyrox on line in canada buy sumycin boots pharmacy where do i cabgolin in mexico mexican pharmacy no prescription lasilix buy atorlip 10 with paypal order caffeine ergotamine online canada buy proventil tablets india bupron lawsuit canada buy brand cialis online canada no prescription predalone prices cvs canada pharmacies online that sell disulphiram celadrin from canada discount brand cialis from canada seasonique on line no script where do i orlistato in uk cialis jelly over counter uk cost of alti doxycycline unisom birth control online mexico buy zedd online no prescription us purchase zebeta in australia glucofage generic mexico mexico pharmacies online that sell actonel ephedraxin costco trial erection packs 1 purchase safe to buy generic ginette 35 from uk safe azurette no precription purchase ciprofloxacina in mexico buy eurax without a subscription augmentin with paypal payment riperdal pills online in the mexico can you buy mevacor over the counter in germany prilosec online bestellen buy arzomicin online no prescription canada suppliers of kamagra oral jelly in us is speman a prescription drug amitriptyline cheap uk pharmacy how to buy confido promethazine mg tablet antivert pharmacy mail order safe to buy generic eltroxin from uk buy allegra online safely buy ventolin online from australia indian pharmacy sumycin thyrox online in canada retin a 0,025 next day do you need rx zenegra do you need rx anafranil buy dutasterid mg online for buy olistat tablets australia can you buy trazodone over the counter in germany can you get lopressor phenergan india companies only benadryl medication on line eldepryl pill shortage where to buy viagra soft online mexico order altace online no prescription with a visa dapoxetine generic india order innopran xl online order tofranil online no prescription with a amex buy voltaren canada metronidazol shopping orlistato over the counter india canada buy aygestin without prescription cabaser buy india zyvox order in the us brand viagra fast canada flunil online without prescription viagra uk brand name order anastrozolo tablets danazol mg usa ceftin to buy in the usa without a prescription pravachol uk pharmacy safe actoplus no prescription buy tadalis sx online from australia tizanidinum buy australia buy arimidex boots trileptal no prescription overnight delivery generic pills for zebeta cheapest place to buy innopran xl can you buy microzide over the counter zithromax dosage too high cheap zertalin pills order benadryl on line uk generic tadalafil uk buy sepibest greece how to buy floxin online duprost over the counter usa buy remeron perth australia zanaflex no prescription compare prices anafranil prices usa benicar lowest price online buy depakine chrono pills online canadian disulfiramum vagifem online usa buy generic vermox online with prescription get minocin toronto bentyl cheap us pharmacy levitra super active canada no prescription buy online almetec generic buy decadron pills online viagra 100mg price walmart is ephedraxin available over the counter what is lady era tablets non prescription norvasc cialis daily use price etabus prices cvs order generic flagyl generic key pred uk paypal lotrisone drug class prevacid canada drug store how to order prozac online lipitor pills online in the india buy tretinoin 0,05 online without prescription purchase viagra pills is it illegal to order generic kelnor buy bactrim tablets uk where can i purchase dramamine risperdal for purchase without a prescription buy zestoretic online overnight delivery what is maxalt made of purchase bupron sr mg microzide for sale uk is key pred legal in uk comprar fluss 40 original en madrid cleocin gel from usa pharmacy buy snovitra super power online with out prescription what is plavix metoclopramide drugstore com pricing zoloft online in usa pill rx health order cafergot products buy baridium online no prescription usa can order arimidex canada claravis from usa posolpgi cafergot can order tizanidinum online cheap dutas uk estrace australia pharmacy alfa flucon shopping indian generics online augmentin what is viagra plus used for reviews on movalis buy zyrtec in india online where can i get some prometrium purchase etabus in usa nitrofurantoin online in usa billig trental online kaufen canadian pharmacy duetact online no prescription uk for disulphiram orlistato brand positioning trandate delivered to your home reviews on ayurslim roaccutan mg no prescription prednisolona pills online in the usa baridium mexico companies only generic pills for advair diskus depakote tablets side effects warafin perth australia vasotec italiano prednisolona usa cvs prices sarafem billig kaufen buy prednisona in india online purchase erythromycin in uk vermox fast usa metformin pills online in the mexico bay viagra uk cialis sublingual online in us med cab cipralex online benadryl with no prescription cialis brands in india apo furosemida next day delivery buy skelaxin online buy mentax with a mastercard buy propecia online no prescription uk discount tretinoin 0,05 otc where to buy finpecia with mastercard arzomicin india pharmacy buying confido using paypal viagra next day usa finpecia medicine children actos shopping all types tinidazole pills all types retino a cream pills ordering alavert uk pariet from usa pharmacy doxycycline canada pharmacy buy trimox australia generic bupron sr canada effexor xr weight gain citalopram online without prescription canadian pharmacy online prometrium where can i get some trial erection packs 3 effexor xr no prescription compare prices discount mirapex from usa zocor online coupon code cialis sublingual india sale paroxetine max dose viagra price drop buy allopurinol online from uk over the counter coversyl indian pharmacy sepibest buy ciprofloksacin online mexico no prescription levaquin shoppers drug mart where could i buy glucotrol without prescription pyridium side effects uk canadian drug company cafergot discount vistaril of canada buy roxithromycin online australia no prescription cheap antabuse pills generic venlafaxina canada buy renova with paypal best site for amlodipinbesilat alavert india suppliers of fluoxetine in us olanzapine without prescription pills buy metoclopramide online from canada ditropan without a prescription from uk buy orlistat online from canada non prescription fluoxetina pharmacy cialis from mexico arava cheap uk pharmacy simvastatina pills online in the india nordette india sale canadian sinequan feldene online india best place to buy ortho tri cyclen in canada generic premarin india what is hyzaar tablets orlistato lowest price canada and asacol snovitra super power on line in the india medrol reviews florida isoniazid purchase generic tofranil buy aciphex pills in the mexico clonidine medicine online levothyroxin without a prescription from canada get wellbutrin sr toronto augmentin for sale uk can order seasonique canada can i make duetact buy amlodipin without rx rogaine 2 generic reviews daily cialis valaciclovir shelf life i pill unisom website disulphiram online with out prescription chea cialis uk medrol dosepak mg uk minipress online australia over the counter drugs similar to celapram best place to buy provera without a prescription phone in order for paxil zovirax buy australia keftab drug canadian pharmacy buying zertalin using paypal get aviane 28 las vegas do you need rx motrin risperdal online ordering pharmacy buy drugs hydrochlorothiazide bystolic next day delivery where can i buy fluoxetine tablets nexium canada sale benicar online pharmacies with out prescription sale yagara order neurontin from australia without prescription cheap atacand sale uk comprar valtrex original en madrid where to buy tenormin drugs online order flucazole online no presctiption celadrin shop net best site to buy aygestin amlodipinbesilat india companies only benadryl cost in canada actoplus met fast india topamax australia pharmacy terramycin online pharmacies with out prescription vytorin discount voucher safe to buy generic wigraine from uk brand amoxil shoppers drug mart antabuse suppositories buy glucotrol xl india pharmacy tenormin order online cheapest tretinoin 0,025 paypal phenergan women buy erection pills walgreens ordering medazole on line buy stromectol tablets australia can you only get ciprofloksacin on prescription order stromectol on line mexico clonidine drug canadian pharmacy diclofenac gel india sepibest without a script key pred generic canada levitra plus mexico pharmacy retino a cream 0,05 dosage instructions my elocom coupons proscar cost in canada buy zenegra capsules very cheap alli cilest dose tadacip mg usa rogaine 5 online without rx roaccutane over the counter canada buy shuddha guggulu online uk no prescription order dutasterid no rx canadian pharmacy warafin online in usa stieva a buy mexico indian pharmacy duphalac retin a gel 0,1 mg mexico dipyridamole canada no prescription lotensin order online no prescription alfa flucon pas cher canada buy artane without prescription warafin on line in the mexico online geriforte purchase quibron t buy online uk canadian pharmacy online baridium how long does acyclovir take to work purchase hydrodiuril pills trial erection packs 1 no prescription advair diskus mg order brand amoxil shop net buy arimidex online from uk triamterenum no prescription compare prices actos where to buy in canada buy midamor online india no prescription fast diovan deleviery buy metocarbamol tablets mexico aricept cost in canada med cab aciclovir is generic aceon available in usa long term side effects of zanaflex buy methotrexate greece where to purchase rythmol sr valtrex generic name buy generic deltasone online xenical online with out prescription buy micronase tablets australias clozaril without rx serophene dosage too high buy over the counter antabuse online baridium from india buying sildenafila from canada no prescription buy topamax online us no prescription non prescription klipal codeine pharmacy fastest reglan uk delivery biaxin mail order endep canadian online overnight pharmacy terramycin india companies only buying plavix from canada no prescription buying triamterenum astelin tablets price