§1291 — Title 15 Commerce and Trade | U.S. Code

Summary

Antitrust laws do not apply to joint agreements by professional football, baseball, basketball, or hockey teams that let a league sell or transfer all or part of its member clubs’ rights to telecast their games. The laws also do not apply when member clubs of two or more professional football leagues that are tax‑exempt under 26 U.S.C. 501(c)(6) join into one larger tax‑exempt league, if the agreement increases the number of clubs and is directly about that combination.

Title 15, §1291

Commerce and Trade — Source: USLM XML via OLRC

The antitrust laws, as defined in section 1 of the Act of October 15, 1914, as amended (38 Stat. 730) [15 U.S.C. 12], or in the Federal Trade Commission Act, as amended (38 Stat. 717) [15 U.S.C. 41 et seq.], shall not apply to any joint agreement by or among persons engaging in or conducting the organized professional team sports of football, baseball, basketball, or hockey, by which any league of clubs participating in professional football, baseball, basketball, or hockey contests sells or otherwise transfers all or any part of the rights of such league’s member clubs in the sponsored telecasting of the games of football, baseball, basketball, or hockey, as the case may be, engaged in or conducted by such clubs. In addition, such laws shall not apply to a joint agreement by which the member clubs of two or more professional football leagues, which are exempt from income tax under section 501(c)(6) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(6)], combine their operations in expanded single league so exempt from income tax, if such agreement increases rather than decreases the number of professional football clubs so operating, and the provisions of which are directly relevant thereto.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.

Amendments

1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1966—Pub. L. 89–800 extended exemption from antitrust laws to include a joint agreement by which the member clubs of two or more professional football leagues combine their operations in an expanded single league.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 87–331, Sept. 30, 1961, 75 Stat. 732, as amended, which enacted this chapter, is popularly known as the Sports Broadcasting Act of 1961.

Savings Provision

Pub. L. 87–331, § 6, Sept. 30, 1961, 75 Stat. 732, provided that: “Nothing in this Act [this chapter] shall affect any cause of action existing on the

Effective Date

hereof [Sept. 30, 1961] in respect to the organized professional team sports of baseball, football, basketball, or hockey.”

§1291 Exemption From Antitrust Laws of Agreements Covering the Telecasting of Sports Contests and the Combining of Professional Football Leagues