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 506 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?
 


phenazopyridine hydrochloride pyridium over the counter lithium online store yasmin boland aries is topical metronidazole over the counter where to buy dulcolax ointment resources for mircette buy maxalt mg online for antivert drug classification torsemide over the counter viagra para hombres y mujeres bactroban discount medications online pharmacy uk no prescription what is the dosage for propecia synthroid with paypal payment zyrtec over counter kids anacin pills drugstore cheap styplon uk lipothin where to get treatment of lyme disease doxycycline dose allegra cole point cook buy carafate online india what is nizoral tablets 200 mg how to use proventil purchase doxazosin cheap pharmacy price of yasmin in india what is kamagra soft drugs intrathecal baclofen indications nexium otc antacids novolog sliding scale insulin protocol how to get levitra super active on line viagra super active visa solu medrol purchase cheapest duphalac avapro tablets for sale where to get nizoral shampoo in singapore tetracycline in veterinary medicine walton kroger pharmacy hours tamoxifen vitamin supplements levitra plus non prescription cialis florinef cipro 50mg tablets mexico amitriptyline best site get pilex apcalis sx tablets on line to buy erythromycin to buy from europe biaxin pas cher side effects of cholesterol medicine crestor shatavari prix en pharmacie en france is trazodone bad for dogs ropinirole side effects skin bactrim tablets us online flovent pharmacy prices list cymbalta generic version prednisolone for dogs to buy uk drugstore where to buy zovirax australia zofran side effects pregnancy buy ventolin spain long time side effects proventil purchase diclofenac uk levlen ed birth control reviews canadian floxin tablet qsymia peak sales ultra low dose stromectol viagra super active paypal glucophage xr available generic vitamin shoppe store locator nyc optimmune for dogs alternative aciclovir 400 1a pharma dosierung online pharmacies reviews ratings buy roaccutane 40mg orlistat buy canada buy homeopathic medicines online in india diabetes medicine actos where to buy lisinopril online usa buy tadacip20 paroxetine reviews for anxiety prednisone dose for dogs with addison;s side effects of naproxen overdose buy online roaccutane without ampicillin capsules dosage zerit discount buy zanaflex boots pharmacy generic actos canada diabetes generic abana for sale on line generic valtrex lowest price indocin without a prescription nizoral shampoo free shipping metformin buy australia buy aristocort boots pharmacy clonidine maximum daily dosage moduretic online uk seroquel usa para que sirve el lexapro 10 mg etodolac 100 tinidazole 40 mg pharmacy super viagra review back pain during early pregnancy medicine best place to buy generic levitra what drug category is medrol buy over the counter levothroid online solu medrol tablets suhagra where to buy in canada healthy man pulse rate buy florinef 10 are there different types of antibiotics levitra 20 mg 4 tablet fiyat diclofenac sodium tablets ip uses suprax generico italiano does clomid or femara work better asacol where can i buy it atrovent tablets for sale what 3 types of drugs are used to treat osteoporosis does nhs prescribe wellbutrin buy viagra pharmacy malaysia cheap advair diskus 250mcg 50mcg pharmacy what is the generic brand for valtrex tegretol discontinued diltiazem canada overnight delivery cheap generic lisinopril where can i get some viagra plus can you buy ventolin online voltaren prescription ocella generic for yasmin best l-tryptophan prices do puerto rico rincon there generic flovent inhaler best price compazine zithromax side effects webmd buy cheap anafranil using pay pal avodart over the counter generic uk paypal torsemide fastest sarafem uk delivery buy periactin with no prescription forum baclofene et alcool emsam italiano discount canadian pharmacy ceftin cheap lioresal sale uk what is the dosage of metformin for weight loss early pregnancy symptoms while on clomid pharmacy 4u code best price glycomet what does prednisone help with can you order flonase sure canadian pharmacy prilosec on line zoloft online usa no prescription duetact roche precio argentina order nizagara from australia without prescription increasing lexapro dosage 20 mg what does flomax do for kidney stones what is purple acai good for over-the-counter weight-loss drug alli femara medication infertility zyprexa 20 mg price como tomar omifin y metformina vytorin now co uk sirius radio viagra commercial hoodia gordonii onde comprar brasil how much does prilosec otc cost ttsh pharmacy sale terramycin ointment for sale where can i buy amaryllis drugs astelin without prescription miami can you get pregnant after taking cytoxan side effects of beconase aqueous nasal spray side effects of hyzaar nizoral online his pak navy jobs 2012 online registration toradol suppliers overseas prilosec generic dosage propecia side effects depression viagra without a prescription from mexico acai berry capsules reviews uk side effects of the drug aleve penegra prices usa apo-azathioprine colitis tamoxifen low dose breast cancer lotensin with american express buy olanzapine online in usa toprol xl 100mg side effects buy eurax online from usa order non generic zyprexa low dose pamelor tegretol 200mg tabletten atrovent online kaufen canada pharmacy no prescription online delivery buy aldactone online without mexican paroxetine levaquin over the counter india seroquel without prescription canada cheap lexapro 20 mg buy online voveran sr generic gsk alli uk what is voltaren gel used for discount combivent mg non prescription coversyl anafranil mail order diabecon price in india generic name for lisinopril hctz buy betnovate singapore aricept tablets for purchase cialis sublingual delivery unisom refill pack best viagra tablets in india purchase furosemide 12.5 mg is alli available in stores again blue sky pharmacy review resources for avapro where to buy bactroban ointment malegra fxt generico italiano minomycin shortage levitra 50mg tablets cheapest place purchase alli is mail order nitrofurantoin safe 3 types of drugs and their effects us online pharmacy no prescription inderal tetracycline for acne long term side effects indian buy periactin online cod list of online mexican pharmacies tegretol from usa pharmacy ordering cyklokapron suppliers of protonix in us cheap retino-a cream 0,025 buy online apcalis oral jelly for women valtrex to buy in england cheap aygestin free delivery can you buy antibiotics canada why has arjuna been discontinued online pharmacy uk hytrin alli rxlist generic wellbutrin sr canada oder mg tablets of lisinopril cytotec generic wikipedia drugs best price zoloft 100mg cafergot without insurance lasix diuretic buy desyrel over counter uk abilify tablets picture low cost risperdal cheap terramycin sale uk how much benadryl to give a 100 pound dog cystone over the counter is erythromycin eye ointment safe in pregnancy buy diet pills from mexico discount unisom seroflo now co uk lithium batteries by mail rimadyl 20 mg annostus buy plendil inhaler canada amitriptyline online in canada buy tadacip no prescription cialis how many times metformin medicine side effects duetact for sale uk metformin india brands is viagra bought on the internet safe genuine combivent best price www.drugstorereliablerxpills.eu buy synthroid online no perscription kamagra oral jelly phone orders amantadine parkinson;s overseas pharmacy no prescription astelin cytoxan medication order lasix cheap australia pharmacy best canadian no prescription pharmacy moduretic cost comparison generic vs brand name singulair generic crestor cost minocin cost canadian coumadin overnight decadron usa price generic previcid list of pharmacy colleges in india can you buy hydrochlorothiazide online aricept pharmacies in maxalt mail order india order hydrochlorothiazide online in usa buy tramadol for dogs atarax 25 mg tabletas lasix discount coupon can you have microdermabrasion after accutane what is the correct dosage of exelon buy prazosin overseas is epiduo better than benzaclin trental online coupon code pfizer champix reviews what drug category is epivir-hbv publix pharmacy hillsborough and habana buy ortho tri-cyclen uk over the counter drugs similar to levitra professional effexor xr medicine ventolin prescription price generic anacin usa pharmacy what does famvir treat best generic dramamine sites western drug avodart side effects for generic lipitor atorlip-5 italiano best place to order methotrexate in us what is clonidine hydrochloride used for buying antabuse for dogs apcalis oral jelly sx original retin-a 0,025 online order ortho tri-cyclen cheap prednisone from mims is there a way to get a free sample of viagra cheap lincocin buy online metoclopramide side effects nhs order renagel overnight arthrotec 50 modified release tablets amoxil capsules alcohol retin-a 0,05 online pharmacy healthy man prescriptions web pharmacy ltd buy betamethasone valerate glyset pharmacy prices list cialis online pay with paypal atacand wanted online review buy femara uk prednisolone 5 mg and alcohol viagra plus for discount rxrelief card: albendazole 50mg tablets flagyl 400 tablet use indian pharmacy silagra first lok adalat india generic ranitidine usa pharmacy generic for zoloft problems can you get high off trileptal minocycline and other medications order generic aciphex where to premarin flagyl and pregnancy category buy generic suhagra online with prescription buy haridra inhaler canada lopid medication yagara overnight pharmacy viagra soft with no rx betnovate comprar zantac 75 coupons printable azulfidine online uk current price vytorin order clomid online cheap 25mg furosemide legal us where to buy retino minocycline buy 50mg brand name suhagra online pfizer lipitor sales 2010 generic finasteride 5mg uk help buying abilify tamoxifen tablets in india omifin tabletas para hombres paxil and other medications what is kamagra tablets for where to get arimidex levitra plus over the counter canada best site get arava generic prevacid over counter levitra professional medicine cheapest place to buy lexapro low cost nolvadex tretinoin 0,05 generic avodart and flomax combination z pack dosage for std wellbutrin wiki fr can meclizine get you high motrin pill shop discount code order elocon online cod how long does it take for effexor xr to take effect side effects of chloramphenicol is there a generic available for bystolic anti-anxiety medication for long term use zoloft mg tablets minocin drug store online us pharmacy online coreg septilin price buy womens viagra cream amsa fast como se toma minocin tablets side effects feldene usa pharmacy zithromax 500mg tablets propecia generico mexico side effects of trimoxazole what is clonidine used for off label obat clavamox 500 list of multinational pharmaceutical companies in india buy bupron sr 15mg online tadacip no prrescription lasix drug price how long does it take to digest chlamydia pills coumadin pharmacies how long for lipitor to take effect common side effects of mobic buy prandin 15mg online generic vytorin paypal enhancement drug delivery ou acheter du hoodia en france ho to buy pyridium in canada purchase generic furosemide cheap genuine cymbalta online where can you buy paxil david jones american express account login paroxetine tablets bp zyprexa velotab 10 mg 28 agizda dagilabilir tablet buy cafergot no prescription online tricor delivery uk stieva a gel review differin gel india price tegretol side effects in adults metmorfin 500mg side effects buy cafegot tablets buy zoloft 200 lipitor 20 mg price current price cytotec cheap proventil free delivery by generic protonix no prescription phone in order for robaxin pletal cheap uk gabapentin high 100mg buy actoplus met online no prescription canada side effects of viagra yahoo answers vet-vipps accredited pharmacies where to buy eulexin drugs online non persciption finax zofran low cost accutane prescription window fluoxetine 10mg capsules side effects no prescription amitriptyline cheap mentat ds syrup pills ayurslim sold over counter vantin delivery london methotrexate cause weight gain seroflo medication order buying tulasi from canada no prescription buy hoodia fast shipping kaiser neurontin lawsuit canadian health card application form decadron low dose birth control micardis coupons discounts geriforte online usa erythromycin purchase buy triamterene with proscar drugstore.com migraine medication amitriptyline side effects renagel tablets australia generic reputable online pharmacy modafinil claravis reviews 2009 pradaxa vs coumadin cost buyers of ortho tri-cyclen canada use betnovate n cream ointment bystolic interaction other drugs buy cymbalta paypal accepted best place to buy venlor altace cheap price buy fertility drugs for women online what is anxiety attack doxycycline online overnight delivery where can i buy nolvadex online buy vermox us baclofen for daily use canada canada drugs amoxil with prescription proventil birth control online canada average cost of requip tenormin generic for cialis for women 2013 emsam user reviews buy alphagan us eye drops generic mail-order mobic cozaar tablets online citalopram online bestellen side effects of wellbutrin generic form malegra fxt online legally canadian pharmacy azulfidine brand viagra no script alli diet plan cookbook order zyprexa medication by mail differin gel 0.5 generic is provera a form of birth control vermox mebendazole exelon corp discounts paypal payment for viagra buy zyvox 80 mg online pariet low cost ciprofloxacin hcl 500 mg tablets when will generic prandin be available atorlip-5 discount voucher where can i get pariet pills birth control pills cytoxan finasteride 1 mg in uk list of tesco stores selling serevent strattera costco cost should i use generic viagra tretinoin 0,05 uk online buy artane patch uk drugs classification table brand name precose online cheap capoten uk prescription side effects of pioglitazone and metformin buy revatio 10 renova paper toilet ethionamide drugstore.com cheapest orlistat in the uk retin-a ge delivery uk do i need a prescription for strattera buy genuine inderal uk elimite brand order cheap orlistat 120mg online bupron sr generico online cozaar prescription only letrozole side effects fertility will i buy diflucan online kamagra cialis com what kind of name is allegra sodium naproxen uk is doryx better than doxycycline over counter augmentin difference between diovan hct and diovan hctz clonidine tablets patches buy tetracycline without prescription when will generic viagra be available in the united states eulexin online usa buy levitra professional lowest price buy doxazosin pills online elavil precio mexico manufacturers clozaril voltaren tegretol diovan magna rx viagra doxycycline ordering online pharmacy buy emsam greece buy elavil legally remeron weight gain dose canadian aciphex rabeprazole online pharmacy cheap reglan pills generic azulfidine for dogs viagra tabletas 50 mg singular medicne donations what does pilex exelon discount cream in canada buy lamisil metformin australia companies only what is cyklokapron cardura discount medications generic premarin us snovitra super power on line purchase zyban roche precio argentina buy claritin hong kong rx bactrim medication for uti nexium over the counter medication zyvox 60 mg tablets propranolol source cabgolin doctors online where to purchase zyvox best canadian online pharmacies no prescription premarin best price wellbutrin medication interactions allegra 10 mg cost canadian pharmacy ventolin inhaler letrozole tablets usp 2.5mg use legal buy levitra plus online canada midamor 50mg tablets can your buy cheap flovent differences between levitra and cialis cialis generico in farmacia italiana where to purchase promethazine codeine syrup aciphex 40 mg dose generic sumycin uk paypal overnight pharmacy viagra jelly unisom canadian pharmacy lisinopril medication blood pressure side effects side effects of calan sr 240 order generic levitra motrin pill shortage mircette no prrescription premarin online from canada differin drugs online purchases can you only get clozaril on prescription tell licensed canadian pharmacy furosemide lasix drug study can you get zovirax cream over the counter what does aspiring artist mean forzest pharmacy prices list where to buy prozac for cats digoxin tablets 150 mg sildenafil citrate 100mg tab side effects famvir sold over counter yasmin online from canada prilosec india lov cost cleocin prinivil dose where do i buy levaquin vermox pills drugstore 7 second male enhancement pill indian generics online brand viagra betnovate how to buy what does tegretol do to the body order hydrochlorothiazide cheap pyridium over counter coreg canadian pharmacy buy rumalaya liniment in singapore buy periactin generic obat zerit stavudine forzest pills sweat generic for crestor 2013 diclofenac birth control pills glucophage india price b.liv australia ciplox usa cefadroxil 500mg and pregnancy bactroban boots online fucidin purchase healthy mango smoothie recipes weight loss cost of viagra in singapore billig glyset online kaufen what is robaxin like where to buy cheap generic rocaltrol buy tamoxifen citrate australia pharmacy store buy aleve 100mg online furosemide generic india buy colchicine boots is celebrex an over the counter drug hydrochlorothiazide 25 mg para que es good over counter substitute viagra best soft prices 100mg generic viagra online express viagra online 8080 prescription solutions 3515 harbor blvd costa mesa ca buy with paypal drugs tegretol tablets what are they for joint pain pills dilantin 100mg ordering how long does levitra last cheap ordering zyloprim here in canada canadian pharmacy association journal drugs comparable to lexapro allopurinol online legally what is citalopram hydrobromide 20mg used for inderal comprare lamictal reviews for mood swings what is sinequan used for minomycin online aarp medicare d prior authorization forms can mebendazole be purchased over the counter adalat medication online best place to buy pet medication online calan generic brand olanzapine ordering no prescription order desyrel online acai 1000 mg softgels effexor xr australia pharmacy how is cialis different from viagra purchase metformin 500 mg metformin 100 mg florida ditropan where can i buy testosterone cream what is ciplox 500mg for ashwagandha no prescription compare prices viagra generic online cheap nexium 40 mg online what is differin gel 0.1 ciplox discontinued pastillas para tener ereccion prolongada buy viagra forum online pharmacy can we trust kamagra oral jelly online why has mestinon been discontinued safe website to buy clomid citalopram 40 mg tablets picture using doxycycline acne treatment antivert costco zestril online order where to get ethionamide pct toprol xl from usa best price for vpxl where can i buy live chickens in london buy provera boots law and order livia tellez amount of illegal drugs from mexico can you get viagra over the counter in australia cuanto cuestan las pastillas para abortar pill rx health order ditropan products fertomid 100mg ovulation benicar cheap buy ivermectin for pigs purchase 10 accutane 10mg buy kamagra pills in the us is it safe to order v-gel brand levitra 20 mg buy cialis soft online thru paypals cost of amaryllis yacht what pharmacy have nizoral pills bactroban from mexico artane order canada where to buy propecia generic tetracycline from invitrogen medicine metoclopramide hcl tramadol and alcohol high buy genuine neurontin uk buy estrace tablets ator hospital viagra side effects of pantoprazole sodium canadian health act principles betapace af price generic suprax available uroxatral with no rx how to get abilify drug mexitil canada finasteride treatment of female pattern hair loss zetia online price ciprofloxacino normon 500 mg precio how to take proventil mg proscar ordering online pharmacy suhagra refills comprar lipothin portugal blopress reviews for men phentermine online cheap dilantin dose conversion po to iv methotrexate from europe walmart pharmacy tulsa 21 yale tetracycline drugs mrsa best place buy endep novartis exelon patch coupon order levitra medication by mail menosan prescription only birth control overnight delivery remeron online kaufen buying lithium using paypal zyloprim 300 mg precio mexico to buy valtrex aciclovir tablets and pregnancy order lexapro from uk without prescription lexapro generic 2012 online generic alphagan generic nizoral for sale on line lithium generic brand name viagra boots chemist Purchase cozaar 12.5 mg micardis discount illegal drugs in canada stats dosage doxycycline treat lyme disease dogs reminyl results forum depakote online mexico atrovent price kytril mg buy female viagra woldwide shipping is prevacid over the counter drug acheter cialis en ligne pas cher buy cheap motrin pills prescription celebrex online canadian pharmacy requip modutab 8 mg can you only get viagra professional on prescription buy prevacid 80 mg online best price ephedraxin buy decadron online usa generic bupropion reviews aricept cost canada better than accutane generic periactin uk mail order generic dilantin american wild ginseng & tian qi capsules free or low cost lipothin is synthroid available in the uk buy cafergot in australia cialis canada side effects of citalopram 20mg tablets benadryl dose by weight adults cialis super active sale online drug store buy lukol visa seroquel discount where to buy acai berry pills in the philippines delivery cheap buy deltasone elimite drug store online buy clomiphene online cheap buy lantus solostar online canada acai slim discount coupon generic from finax metronidazole 500mg used for chlamydia glucophage shop dosage for bactrim for children lincocin aquadrops 50 mg protonix on line buy lantus visa best price for real emsam purchase hoodia uk walmart pharmacy prices check deltacortril ent 5mg buy revia in uk mobic suppliers overseas lowest priced tadacip betnovate scalp application sale moduretic on line order buy diovan online pharmacy apcalis sx sale free samples levitra what is ventolin made out of non prescription prednisolone pharmacy prograf shortage 2012 buy allopurinol in usa crestor calcium tablets side effects tramadol paracetamol rxlist risperdal 2 mg tabletas red pill blue pill matrix speech propecia lawsuit commercial non drowsy dramamine generic baby aspirin shopping simvastatin amlodipine side effects buy diltiazem in india online clozaril drugs online purchases topamax order on web diltiazem legal us encyclopedia and dictionary of medicine nursing and allied health saunders medication sales buy cephalexin pills why can i not get orlistat discount propecia australia buy generic priligy can you buy proventil hfa online western drug ethionamide order allegra-d 24 hour glyburide 5mg side effects is motrin an over the counter drug best way split viagra pills diamox looking for zofran odt cost what does the drug cardizem do cheap artane buy online cabgolin legal us estradiol valerate kaufen prometrium prices usa buy viagra plus mg online trazodone for sale uk minipress over the counter canada detrol legal in england list of tesco stores selling silagra xenical canada cost betapace medication online tamoxifen where to purchase viagra medication canada flagyl er prices cvs where to buy letrozole bodybuilding is levothyroxine the generic form of synthroid buy generic order abana hyzaar 40 mg pharmacy discount canadian pharmacy floxin evecare prescription only nexium online order zyrtec generic side effects tratamientos para la disfuncion erectil en jovenes what is prednisone 5mg used for haldol pas cher institute of nuclear medicine and allied sciences drdo comprar hytrin portugal accutane nhs cost lexapro generic launch date benzac from canada diclofenaco sodico 50 mg indicaciones provera tablets on line to buy best place buy viagra professional brand name ginseng online over the counter cipro hc ampicillin sigma a5354 order cialis professional online no prescription with a mastercard ordering requip here in canada terramycin to buy in the usa without a prescription januvia tablets online ondansetron odt 8 mg tablets used ponstel without a prescription avapro 100mg buy comprar venlor en argentina purchase purim glucophage online no prescription most reliable place to buy lotensin online buy zestril online with no prescription strattera without a prescription prescription solutions phone number overland park buying moduretic using paypal acheter alli en ligne canada biaxin family drugs can you buy provera in ireland trazodone medication ventolin inhaler price ireland can you buy rocaltrol online buy phenergan tablets uk grifulvin v next day delivery metoprolol dosering erectile dysfunction age 50 overseas pharmacy no prescription amoxil retin no script buy retin tretinoin gel is propecia generic yet buy indocin mg online realo discount drugs surf city pet medications online cheap seroquel online pharmacy uk canadian healthcare drugstore reviews tofranil generico italiano olanzapine for daily use canada order retino a cream 0,05 online buy lamisil with no rx zovirax tablets online uk buy amoxicillin 500mg no prescription cipro antibiotic no perscription canada losartan side effects in women prednisolone tablets bp 5mg suhagra shop purchase alli on line in india suppliers of tegretol in us get gasex las vegas safe place order dulcolax order codeine syrup online overnight elimite purchase impotency online cheap tadapox can you get high off of januvia shatavari doctors online what is mirapexin used for methotrexate pharmacy side effects of atorvastatin 20 mg flomax us companies only myambutol dosage too high plavix usa sale no rx zebeta online dramamine women buy generic leukeran cost order generic antivert mupirocin nasal ointment 2 side effects of prednisone 20 mg tablets doxycycline dogs treatment buy generic finpecia with bonus noroxin ships from india best place buy capoten pct is it safe to buy prescription meds online coumadin order on web buy prednisolone from mexico online unisom tired next day pharmacy that sells differin purchase allicin c how to get lopid drug augmentin with food or without food zantac for sale philippines online viagra jelly purchase order lexapro online without rx nike air max 1 leopard uk generic finpecia in usa acheter viagra super active pas cher buy avodart singapore sildenafil citrate online store side effects of precose acarbose cheap strattera sale uk pariet 20mg india zoloft generic cost walmart levitra professional from birth control pills dutas ordering minocycline online cialis online usa prescriptions over the counter drugs similar to lithium buy aciclovir tablets on line buy viagra europe finpecia real fake what is arjuna java 2 year old benadryl dose celebrex reviews from patients what is cefadroxil 500mg capsules used for viagra for cheap online fast exelon deleviery malegra dxt prescription only where to buy cheap generic propranolol femcare for sale australia zantac coupons print benfotiamine costco ephedraxin supplier in uk buying emsam can you order aricept how to buy cytotec why is there a shortage of seroflo revista rx online buy ciprofloxacin 500mg tablets generic famvir famciclovir to buy levitra costco pharmacy aspirin price ciprobay 500 mg tablete canadian health and care mall healthcare online fgr 1000 order kamagra 100mg australia buy cheap revatio cytotec dosage for ulcers where to buy doxycycline with echeck where can i buy metformin from purchase florinef online what does diflucan best dose of aspirin to prevent stroke what elements is calcium carbonate made up of lotensin for sale uk malaria tablets doxycycline reviews cheap genuine zebeta online cytoxan dose for wegener;s granulomatosis prinivil rx where to get betoptic pct atrovent order health canada acai berry side effects buy adalat with pharmacy tegretol mais barato indian generic buy aciphex viagra from india safety promethazine hcl 25 mg discount revia to buy prednisolone drug brand lidocaine infusion for chronic pain order zerit overnight vasodilan no prescription lioresal comprare what are the side effects of lexapro 10 mg best site get rosuvastatin buy sominex 100mg online what is xenical tablets for is it illegal to order generic artane domperidone what is differin tablets what is differing humour homes for sale allied gardens 92120 is prilosec 20 mg over the counter online sale of inderal alesse supplier in uk buy ayurslim mg differin 0.3 gel comprar free or low cost cardura viagra soft 10 mg tadacip online order seroflo drugs online purchases dipyridamole overnight pharmacy trimox 5mg tablets generic bupropion xl 300 mg perioral dermatitis minocycline dose isoniazid direct pharmacy fast singulair delivery online pharmacy ayurslim baclofen withdrawal how long quiero comprar zyloprim cheap generic female viagra buy cheap synthroid no prescription can you buy paypal get haridra ajanta pharma dermatology products comprar cytoxan online mircette pill side effects side effects of motrin for babies bupron sr now generic famvir online my canadain pharmacy cialis visa electron casodex prix en pharmacie en france brand levlen buy what is promethazine used for treatment minocin 100 mg costo buy brand cialis usa buy generic bystolic artane 20 mg buy grifulvin v online overnight ephedraxin cheap price standard lexapro dosage safe place order atrovent depakote medicine used buy speman inhaler canada quran pak online with urdu translation anastrozole dosage for gyno amitriptyline sleep aid costco reading postcode how to order voveran singulair tablet price in india new york city sublets & temporary classifieds craigslist plan b one step generic side effects half price terramycin buy arimidex online in usa order online no prescription cheap amantadine buy 5mg online discount abilify mg rumalaya forte no rx where to buy 40 mg cialis comprar strattera no brasil viagra canada patent oxytetracycline "no prescription" fish retino-a cream 0,05 in the uk what is the medicine reglan used for buy hytrin online no prescription us pariet online pharmacy uk viagra soft visa nizoral shampoo side effects female cialis maximum dosage metoclopramide generic for what etodolac from europe entocort weight gain side effects penegra tablets dose non persciption evista cytoxan prices at costco epivir-hbv online legally zovirax supplier in uk vpxl buy on line what is allicin viagra daily use dosage rogaine 2 with paypal payment tamoxifen mail order india innopran xl from usa pharmacy cheap accutane no rx singulair granules side effects children costco pharmacy atorlip-10 price pyridium no script cheapest price keppra propranolol side effects headache low price zebeta uk lynoral paypal diakof prescription coupon what class of drugs is robaxin canadian zyvox tablet thai max menu mexican vytorin cheapest furosemide getting ginseng in australia getting clonidine in australia harga hytrin 1 mg acivir pills cost comparison where can i purchase kamagra acticin tablet sale buy eldepryl pills delivery order deltasone relaxant mevacor online ordering purchase meclizine in canada signs of arthritis in dogs erection packs 2 discount pharmacy tricor inc florida ralista over counter uk plavix 75mg alli no prescription needed canadian online pharmacy propecia tablets 1mg brand liposafe buy buy biaxin in ireland ranitidine tablets what are they for how to use hoodia liquid extract buy cheap citalopram using pay pal generic mestinon for sale on line how long does it take imitrex to start working rogaine 2 australia price duphalac prices usa hoodia drugs online purchases purchase levlen pills buy cyklokapron paypal order zovirax pills is nymphomax a prescription drug hydrochlorothiazide combination drugs diovan sales 210 prednisone prescription information how to get metformin prescription isoniazid sale celadrin daily use reviews buy suprax online no prescription cefixime can i get pregnant while taking depo provera hoodia 1000 mg reviews is viagra over the counter in usa brand alphagan for sale generic name for aldactone buy eldepryl 20 bupron sr canada no prescription order haldol cheap how much does atorvastatin cost at walmart order adalat canada cost of citalopram confido cheap price where can i purchase gyne-lotrimin generic name for allopurinol aloprim skelaxin shop order inderal forum buy yasmin boots pharmacy erectivin vi non prescription sildenafil brand viagra dose momentive cardura e10p prednisone class action lawsuit tinidazole vs metronidazole for amoebiasis legal mail order prescriptions canada cheap places to live in indianapolis buy capoten no prescription where to get vpxl pct viagra jelly for dogs buy ceftin prescriptions overnight without buy paroxetine metoclopramide reviews prednisone side effects diarrhea tulasi where to get proscar australia what is combivent made of biodegradable microparticles for sustained delivery of tetracycline top 10 online minipress sites where to buy alligator hooks online pharmacy where to buy colchicine tablets viagra sublingual best online non prescription pharmacy buy cialis with echeck lowest price keflex buy alligator clips singapore prescription do need prescription buy viagra online coloured contacts no prescription uk buy isoptin in australia is it paralegal to order viagra online in canada sominex overseas cheap car parking liverpool airport generic alesse online atorlip-20 tablets from buy how often can i get toradol injections where to buy depo-provera injection gerniac celias do the make can you order serevent asthma dosage hoodia next day delivery prograf mg buy fastest phexin uk delivery bactrim forte 800 160 mg tablet ne iin kullanlr generic feldene no prescription pediatric safe dose range for toradol without prescriptions usa buy viagra bleeding after misoprostol miscarriage buy zyvox online cheap zithromax overnight shipping cheap is femara legal in uk probalan shortage cephalexin 500mg usage finasteride no perscription www.online-canadian-drugshop.com online pharmacy no prescription needed review walgreens generic zyrtec d liquid maxaman review onde comprar roacutan em sp valtrex dosage for oral herpes outbreak cialis jelly usa orlistat sandoz pas cher mexican pharmacies in las vegas triamcinolone acetonide dental paste usp 0.1 which uk site to buy strattera xenical 120 mg orlistat glucophage over counter drug flovent inhaler discount card ordering proscar estrace prescription assistance buying contacts without a doctor prescription order kamagra from india lisinopril cheap india pharmacy cialis by mail order claritin where to get where to get benadryl pct long term side effects of tenormin order elocon prescription overnight side effects of imitrex injection generic erythromycin usa pharmacy how to take 90 mg cymbalta buy zyban 40 purchase seroquel 25mg fake viagra sites order glucotrol xl 2.5 mg can you only get medrol on prescription cheap crestor free delivery 150mg viagra effects asthma inhalers over the counter losartan potassium hydrochlorothiazide dosage alli diet reviews side effects what does trileptal feel like alli shelf life cheap rosuvastatin india online pharmacy degree creighton maxalt without prescription pills can you buy fosamax online lukol online cheap no prescription ephedraxin finpecia noprescrition needed uk online pharmacy is it legal to buy drugs from canadian pharmacies zestoretic spain over counter asthma inhalers should be free chloroquine mail order india plavix online in us zocor for sale uk vantin without prescription medrol 16 mg dosage pariet tabletas 20 mg get actos las vegas where to buy styplon hyzaar mist canada genuine benzac 100mg can you get wellbutrin sr voltaren pharmacy gel buy cheap effexor xr generic available list of canadian pharmacies cytotec medication overnight delivery canadian association of pharmacy students and interns prevacid dosage gerd buy minocycline como comprar viagra sin receta medica vipps certified pharmacies what does coreg 25 mg look like order proventil tablets compazine lowest price purchase kamagra in us requip modutab side effects bactrim dosage forms reputable online pharmacy reviews what conditions does wellbutrin treat doxycycline phone orders tetracycline capsules discontinued phenergan online bestellen buy canada no prescription for voveran sr aleve on sale this week citalopram doctors online prilosec drug store online mirapex dose depression cheap haldol india terramycin for daily use canada viagra jelly order on web buy voltaren online canada no prescription best anti anxiety depression drugs can you buy shuddha guggulu pharmacy approved buy lozol 100 doxycycline many brand names and generic baclofen now co uk normal starting dose of coumadin minipress tablet sale periactin from usa pharmacy voveran sr cost in canada buy triamterene singapore viagra reviews for men beat way to order wellbutrin 123 reg hosting generic ralista cost plendil india buy desyrel for daily use cheap allegra pills buy cheap valtrex online no prescription buy requip patch order zoloft online no prescription where to get nootropil generic bentyl for sale on line diltiazem 90 mg tablet viva allegra shopping villa lobos fdi discount pharmacy card zovirax cream online canada trimox without rx viagra generic sold in usa tadalafil at a lower price buy mexitil online uk ditropan online uk propecia bestellen nizoral shampoo for sale actos diabetes wiki cheapest antivert to buy what is trazodone desyrel where to buy atorlip-10 in canada safely buy alavert boots pharmacy flagyl er cheap price benicar uk buy urispas inhaler canada medicine buy finpecia caverta online australia generic topamax uk paypal online pharmacy propecia no prescription best site to buy rogaine 5 where can i buy ginseng in south africa paxil pills drugstore order mifepristone online taking viagra with other medications buy zyvox online canada brahmi prices usa generic uk paypal furosemide rumalaya liniment medication can order lipitor canada tablete pilex cijena celexa reviews for panic attacks flonase canada pharmacy overnight free order astelin atarax online bestellen my aldactone coupons fertomid italiano cefixime mail order order sildenafil citrate online levitra plus for sale australia colospa weight gain what is sinequan drugs is dexilant better than prevacid how to order metoclopramide online buy tadacip mg online benzac 5 como usar nexium tabletas de 20 mg how much does xenical cost in australia long term side effects of serevent suppliers of ashwagandha in us order viagra super active costco pharmacy quibron-t price buy stromectol overseas emsam on the internet accutane acne medication in usa vermox precio mexico why has accutane been discontinued how to take cipro mg overnight order diclofenac revia without a prescription from canada will lipitor go over counter alavert for sale philippines where to buy alphagan ointment purchase nizoral in canada order caverta sarafem pharmacy buy pills online alli now buy voveran sr online india paroxetine order canada ordering lioresal terbutaline mechanism of action propecia online pharmacy shipped to canada mail order generic fml forte is fucidin cream safe in pregnancy where can i buy sustiva generic femara for sale on line lipothin online from usa mestinon next day delivery online generic viagra review best site to buy calan bentyl tablets from buy where to buy good ginseng in seoul buy diclofenac cheap prices xeloda dose with radiation rectal cancer periactin coupon code propecia for sale no prescription pharmacie de garde province luxembourg uroxatral tablets side effects cialis and liver damage eulexin drug what is liv 52 used for nexiam 40mg esomeprazol buy generic proscar online with prescription triamterene by mail order buy cephalexin us mexico pharmacy order online med cab serophene discount canadian pharmacy liposafe reviews on hoodia pure 800 detrol price can you order anafranil acivir pills shipping overseas buy ventolin inhaler online australia order buspar from mexico without prescription bupropion dose acticin online uk ciprofloxacin hcl wiki order oristat prometrium 100mg reviews best levitra prices pill 10mg german remedies india to buy diclofenac in uk canadian pharmacies for viagra does viagra work on women too deltasone 40 mg dose where purchase brand advair diskus how much does allegra-d cost at walmart inderal la 60 mg reviews american urispas viagra generic 2012 what is lotrisone cream 45gm used for medrol steroid shot canada hydrochlorothiazide tablets online cymbalta dosage 10 mg cleocin barato lithium price history chart remeron weight gain loss blopress uk next day delivery chloroquine 20 mg phenamax for men sale in uk cheap genuine tadalis sx online anafranil for purchase without a prescription doxycycline dose for acne vulgaris www.u2rx.com online worldwide pharmacy walmart pharmacy lexapro cost valtrex medication guide precio pastillas redustat mexico purchasing tretinoin 0,05 online uk what is citalopram 20mg tab side effects periactin how to buy zyrtec d reviews what does furosemide 40 mg look like can you get mentax zyban reviews and dosage order methotrexate tablets can you buy adalat pharmacy canadian buying voveran using paypal letrozole price costco levaquin tablets price nexium in the uk now cardgames net ru files 1000 rumalaya coupons what does synthroid do ventolin inhaler side effects kids canadian-pharmacy-dunedin-fl store prescription cheap zanaflex generic inderal for sale on line effexor xr 75 generic cialis pas cher en pharmacie nootropil without script plavix capsules where can i buy differin 0.3 fincar pas cher suppliers of hyaluronic acid in us what doses does zyrtec come in buy septilin perth australia avalide for sale online lisinopril 40 mg tablet side effects safe to buy generic prilosec from canada clomid uk nhs yasmin low dose pill cheap accutane online no prescription isotretinoin indian viagra price where to buy aspirin mask differin comprare triamterene over the counter drugs elocon brand order para que se usa dramamine sildenafil tablets ip degra 100 cheap pills acticin online ashwagandha pill shortage viagra vancouver my amaryl coupons tamoxifen overnight asthma triggers stress coreg for hypertension reviews hydrocortisone cream side effects in pregnancy lamictal cost costco buy levitra professional generic buy zoloft capsules mentax where can i buy it birth control pills cleocin gel zofran prescription help viagra online 150 is cipro available on line in canada motilium to buy in australia atarax tablets a comprehensive view alliance family medicine alliance ne best site get finpecia ventolin hfa printable coupon how can clomiphene be used as a fertility drug costco pharmacy apcalis sx price non persciption vasotec cytotec misoprostol abortionist vacuum procedure how many skelaxin 800 mg to get high best place to buy levothroid order atorlip-20 online uk ciplox dose in children where can i get relafen cialis black market furosemide online sales what is purim about wiki buy flovent with no rx motilium to purchase without a prescription zestril tablets online what do zofran pills look like cardura women buy prograf overnight pharmacy buyers of cefixime canada asacol next day buy motilium 80 mg online is canadian family pharmacy legit lantus uk lisinopril rx 533 use exelon coupon online where do i arimidex in australia mexican pharmacy no prescription femara tofranil order in the us zithromax from europe chlamydia pills diarrhea emsam prices at costco indian generics online elimite order aciclovir on line usa lithium capsules 300mg cialis free samplesviagra free samples cheapest amaryl to buy prescription drugs no rx canadian pharmacy online viagra free samples can you buy rhinocort online phenergan online usa no prescription cipro best online non prescription pharmacy toradol lowest price buy aristocort bulk mentat ds syrup generic 2013 drugs rumalaya forte ships from india pharmacy that sells zovirax colchicine barato generic finasteride propecia finpecia review where to buy nootropil long time side effects yagara can your buy cialis soft in ireland aciphex medication dosage ceftin online uk indian albendazole 400mg is it safe to order albenza buy antibiotics prostatitis inderal for sale zithromax tablet 250 mg xeloda online overnight shipping cheap prednisone dogs advair steroid medication permethrin 5 percent lice does alli weight loss aid work amantadine no prescription look closely buy olanzapine tablets what is vermox 500mg used for robaxin medication dosage buy calan mg mtabs generic brand viagra cost can you buy shuddha guggulu over the counter in germany online forum order zyrtec overnight cost of hyaluronic acid without insurance best online pharmacy generic methotrexate dynamic health acai gold 100 pure acai reviews atarax 25mg for sleep depo provera after delivery cheapest ventolin inhalers purchase risperdal canada buy femcare pills amlodipine besylate 5mg tamyl topamax tablets on line to buy diclofenac generico prezzo purchase tadalis sx cheap reputable online vet pharmacy buy online snovitra super power generic fucidin shoppers drug mart purchase trial erection packs 1 lowest price claritin canada head office revista veja online fevereiro 2012 ordering brand viagra generic pilex next day shipping trimox fast canada buy malegra fxt from india moduretic canadian pharmacy compazine side effects long term use ventolin hfa 100 mcg inhaler pharmacy has best price benicar glucotrol xl for sale australia over the counter prednisone cream zithromax to buy in australia street value of seroquel 300mg mexico pharmacy drugs augmentin 875 no prescription probalan tablets crestor rosuvastatin dose buying tegretol in manchester buy french pharmacy products online where to buy cipro without a prescription hyzaar order online ladies viagra tablets buy metronidazole online no prescription uk can you purchase viagra over the counter uk another generic for zovirax capsules elimite 5mg tablets maxalt online buy claritin lawsuit side effects of blood pressure medication benicar how long does it take azithromycin powder to cure chlamydia evecare online usa no prescription where aciphex what shops in uk sell viagra fast aricept delivery atacand brands india maximum allowable human dosage aspirin order levitra super active 120 mg order nitrofurantoin online canada there generic clozaril where to buy danazol drugs online prometrium benefits risks ampicillin 400mg dosage research grade uroxatral citalopram generic celexa cymbalta 20 mg side effects purchase glycomet pills levitra no prescription online pharmacy 20mg american ephedraxin lexapro cost walmart buy cheap bentyl online per pill best place to purchase generic viagra ou acheter du propecia sur internet generic for combivent inhaler bupron sr delivery london ampicillin usa cvs prices bromocriptine mechanism of action acromegaly albuterol sulfate syrup for kids how to use shatavari powder adalat sublingual dosage buy furosemide no prescription serophene iui success rates order methotrexate 10mg tablets aldactone prescription generic elocon buy propecia new zealand clonidine medication overnight delivery non prescription medrol prescription non narcotic pain meds free pharmacy online course protonix noprescrition needed canada online pharmacy seroflo rotacaps 250 rythmol drug in canada pharmacy chloramphenicol online legally 1 sundrugstore premarin without pres side effects of naprosyn piroxicam side effects hair loss pregnant twins unprescribed clomid buy betoptic capsules nymphomax tablets on line to buy how much does protonix cost at walmart bactroban lawsuit settlements do i need a prescription for a ventolin inhaler brand levitra with american express how to use ashwagandha root powder atarax hydroxyzine hcl 25mg order augmentin online no prescription with a mastercard chloromycetin online purchase cefadroxil price meclizine online buy hydrea tablets online sertralina medicamento contraindicaciones very cheap bupron sr what is doxycycline used for to treat oral toradol side effects online pharmacy levothroid propranolol weight gain blogs femara for daily use canada meclizine 25mg rx tablets buy viagra cialis levitra online what is the meaning of pilex can you get a blood clot while on coumadin is topamax over the counter buy digoxin visa xeloda generic release date estradiol cream reviews synthroid online with out prescription bactrim ds 800-160 for dogs relafen get you high lamisil tabs 250mg terbinafine lamisil cost nitrofurantoin 50mg capsules urinary tract infection tenormin 50 mg astrazeneca safe plendil buy order diovan delivery where to buy viagra for women uk Purchase adalat 6 online pharmacy use erexor coupon online pariet prix en pharmacie en france seizure medication trileptal side effects