Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 


advertise-here4


Slip Opinions


University governance as a new topic of public discussion.

An unusual profile of Mary Anne Franks (kw)

Aggressive copyright litigation run amok. (fp)

USA Today's Matt Krantz quoting me on Warren Buffett joining Twitter.  (LAC)

Private prisons? Why, sure! What could possibly go wrong? (kw)

TNR profiles Susan Crawford (kw)

Berkshire Hathaway is bigger than Warren Buffett.  Manual of Ideas (LAC).

Guns don't shoot people, kitchen appliances shoot people (kw)

Via Glom, Sat Eve Post review of The Essays of Warren Buffett.

Jack Coffee on Bad Plaintiffs' Counsel in M&A Deals and What Must Be Done to Break Them


Our Podcast

Subscribe to Law Talk


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Joe on Kentucky: Boy, 5, Kills Sister, 2

    • mls on Copyright’s Constitutional Chameleon

    • Shag from Brookline on Kentucky: Boy, 5, Kills Sister, 2

    • Brett Bellmore on Kentucky: Boy, 5, Kills Sister, 2

    • Daniel Barth-Jones on Re-Identification Risks and Myths, Superusers and Super Stories (Part II: Superusers and Super Stories)

    • Daniel Barth-Jones on Re-Identification Risks and Myths, Superusers and Super Stories (Part I: Risks and Myths)

    • Daniel Barth-Jones on Re-Identification Risks and Myths, Superusers and Super Stories (Part II: Superusers and Super Stories)

    • Daniel Barth-Jones on Re-Identification Risks and Myths, Superusers and Super Stories (Part I: Risks and Myths)

    • Shag from Brookline on Kentucky: Boy, 5, Kills Sister, 2

    • Brett Bellmore on Kentucky: Boy, 5, Kills Sister, 2

    • Peter Strauss on Copyright’s Constitutional Chameleon

    • John Duffy on Copyright’s Constitutional Chameleon

    • Andrew on BRIGHT IDEAS: Q&A with Bruce Schneier about Liars and Outliers

    • Joe on Kentucky: Boy, 5, Kills Sister, 2

    • John Duffy on Copyright’s Constitutional Chameleon
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Market mysteries: The case of Extra Innings

posted by Michael Abramowicz

Major League Baseball is reportedly entering a deal that would shift its Extra Innings product, which has been available to up to 75 million customers, to being available exclusively on DirecTV, which currently has only 15 million subscribers, for the next seven years. My primary reaction to this has been genuine sadness. Watching baseball games is my number one hobby, and my house can’t get DirecTV signals because of nearby trees. It did occur to me that if I chopped down my neighbors’ trees, I would probably do a year in jail, which would leave me six years to enjoy the games. More likely, I’ll have to find a new hobby besides watching baseball. Other alternative approaches to following the Mets — going to a sports bar, watching on my laptop — just won’t cut it.

But I’m also intellectually puzzled. How is it possible that it ends up being more profitable for MLB to sell Extra Innings as an exclusive franchise? Even putting aside possible loss of fans and thus revenue on other products (such as tickets), I would have guessed that whatever MLB could have received in nonexclusive deals for 75 million customers would be greater than what MLB could receive in an exclusive deal for 15 million customers. Obviously, that guess would have been wrong. What explains this?

A partial explanation is that the subscriber base for DirecTV is not fixed. If all cable Extra Innings subscribers could be expected to just switch over to DirecTV, then the initial subscriber populations would be irrelevant to the revenue calculation. But many people won’t — either because they (like me) can’t get satellite, or because they have some preference for cable over satellite. So, on reasonable assumptions, the Extra Innings subscriber base will be much lower in the future — and yet DirecTV seems to be able to pay more than everyone combined in a nonexclusive arrangement.

The answer to this market mystery probably has to do with branding. DirecTV expects to have a hipper brand by virtue of its exclusive deals on MLB Extra Innings and NFL Sunday Ticket. The exclusive contract thus sends a signal to consumers. I suppose that this could be an efficient result if consumers somehow underappreciate the virtues of DirecTV, or if consumers who still buy Extra Innings will value it more because others don’t have it. But I’m more inclined to think that the property rule protection that MLB has for its copyrighted shows leads to an inefficient result here, even if one that genuinely benefits MLB and DirecTV.

I generally believe in property rights, but this deal is creating a personal crisis for me that is making me challenge my views. Should the law in some way seek to discourage such deals?


 January 26, 2007 at 4:57 pm   Posted in: Uncategorized   Print This Post Print This Post

Responses (4)

  1. Michael Risch - January 26, 2007 at 7:18 pm

    If you’re interested in this, Gregg Easterbrook (TMQ at ESPN) has written on this topic many times with respect to Sunday Ticket. I suspect that a search for “Easterbrook” and “Sunday Ticket” will turn up some fodder.

    I think the explanation may relate back to simple monopoly pricing from Econ 101. With competition, MLB is $129 for 60 games a week (I think including HD), wherease a monopoly price for Sunday Ticket is for $225 or more a year plus $99 for HD for 11 games a week (at least 5 games are shown locally anyway).

    So, DirecTV is willing to pay a lot to:

    1. Charge 2x or more

    2. Attract more subscribers due to the exclusivity

    Thus, I tend to agree that the result will be inefficient.

  2. Salil Mehra - January 26, 2007 at 11:49 pm

    There are two dynamics at work here.

    Like Michael said:

    (1) DirecTV values Extra Innings and Sunday Ticket more because there are many people who will subscribe to DirecTV seeking these products who would otherwise subscribe to cable. Cable doesn’t face the same marginal incentive. So DirecTV will pay MLB and the NFL more for the rights to Extra Innings and Sunday Ticket, respectively.

    (2) DirecTV is national in scope, unlike the cable companies. Despite some recent competition (like RCN in NYC), cable companies are patchworks, sometimes regional (e.g., Comcast from ME to VA, save NYC and some other holes) of mostly local monopolies. Both cable and satellite business models require that you get a certain number of subscribers to break even, after which marginal costs are fairly low, but marginal revenue may stay relatively high. However, DirecTV should have a higher value for national sports league programming like Extra Innings and Sunday Ticket than Comcast, which might be able to get away with showing (at lower cost) Atlantic 10 basketball and ECAC hockey to draw regional interest, and which can count on local affiliates showing most MLB games of local interest (e.g., Phillies, Orioles, Nationals).

  3. bluemontanaskies - February 1, 2007 at 7:39 pm

    Isn’t a monopoly against anti- trust laws? For many a dish is not allowed, for others interference is too great. And who wants to watch MLB.com on a tiny laptop screen? No one with cable will buy a dish & keep both. Cable providers will lose a fortune.

    I cannot believe Comcast and the other providers will sit back & watch mass revenue disappear. Perhaps contacting our cable providers & telling them we may switch because baseball is that important, they will fight MLB/ Directtv deal.

  4. james dougherty - February 5, 2007 at 10:13 pm

    IT’S NOT OVER YET…CALL YOUR CABLE COMPANY OR DISH AND GET THEM TO UNDERSTAND HOW MANY CUSTOMERS THEY WILL LOSE AND CALL MLB AT 212-931-7800 AND TELL THEM THE SAME…

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Kelli A. Alces
Taunya Lovell Banks
Ryan Calo
Claire Hill
Jay Kesten
William McGeveran
Meredith Render
Aaron Saiger
David L. Schwartz
Olivier Sylvain
Charles K. Whitehead
Aaron Zelinsky


















Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Derek Bambauer
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Khiara Bridges
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Gabriella Coleman
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
andré douglas pond cummings
Allison Danner
Laura DeNardis
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Susan Freiwald
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Vivian E. Hamilton
Meredith Harbach
Michelle Harner
Angela Harris
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Tayyab Mahmud
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Janai Nelson
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
David Opderback
David Orentlicher
Michael O'Shea
Kristen Osenga
Mary-Rose Papandrea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
William Reynolds
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Brishen Rogers
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schleicher
David Schraub
Paul Secunda
Lea Shaver
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Peter Swire
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Joseph Turow
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Elizabeth A. Wilson
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
Privacy and Security Training
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress