Andrea Giannaccari

News of the World: Murphy's Law and TV Rights before the Court of Justice

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Abstract

The paper critically analyses the ECJ decision which has provided interpretation to several references for a preliminary ruling submitted by the High Court of Justice of England and Wales related to the selling and exploitation of TV rights on sport events between the English League, FAPL, and the broadcasters, as BSkyB. In particular, specific emphasis is placed on the competitive issues linked to the territorial exclusivity clauses, commonly used in the agreements between the parties, as well as to the critical aspects related to the completion of the European common market while protecting the intellectual property rights.

Keywords

  • sport broadcasting rights
  • exclusive territorial clauses
  • competition law
  • K21

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