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Wednesday
March 19, 2008
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Appeals Court Rules MSG New Media Suit Against NHL Meritless

By Tripp Mickle & Eric Fisher, Staff Writers, SportsBusiness Journal

Appellate Court Rules MSG's New Media
Lawsuit Against NHL "Without Merit"

MSG suffered another significant blow in its new media lawsuit against the NHL today when the Second Circuit U.S. Court of Appeals released a summary order finding MSG's argument "without merit." The order brings an end to MSG's request for a preliminary injunction and sends the MSG suit back to trial court for trial on the merits of the case -- a process that could take more than a year if MSG pursues it. MSG brought its lawsuit against the league in U.S. District Court on September 28, accusing the NHL of operating as an illegal cartel and violating antitrust provisions by forcing MSG to migrate nyrangers.com to a common league platform. The District Court ruled against MSG's request for a preliminary injunction on November 2. The Second Circuit affirmed that ruling today, writing that MSG "did not show that the NHL's website ban has had an actual adverse effect on competition in the relevant market. Nor did MSG demonstrate that the many procompetitive benefits of the NHL's restrictions could be achieved through an alternative means that is less restrictive of competition." MSG did not immediately return phone calls.

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