When the NBA’s Board of Governors agreed to the 11-year media rights deal last week with Disney, NBC, and Amazon Prime, there was a five-day window that Warner Bros. Discovery had to match to keep the Emmy award-winning show on television. WBD has had an NBA package since 1984, and games have been on TNT for almost 40 years.
WBD released a statement that matched the initial deal from last week.
“We have reviewed the offers and matched one of them. This will allow fans to keep enjoying our unparalleled coverage, including the best live game productions industry and our iconic studio shows and talent while building on our proven 40-year commitment for many more years,” WBD said in a statement.
It is not a secret that the NBA wants to move away from linear television and pivot into streaming services. The engagement stands at a different level. WBD affiliate TNT garners about 89 million viewers. In contrast, Amazon Prime has over 200 million.
The NBA also released a brief statement, acknowledging the matched offer by WBD.
“We’ve received WBD’s proposal and are in the process of reviewing it,” the NBA said in a statement.
The key word in this dilemma is “match,” if the NBA decides that they will accept the match offer that would still be worth the same amount of money, however it was reported by Michael McCann of Sportico that the real hurdle is seeing if every I that is dotted and T that is crossed is of value towards the NBA in correlation with the deal currently constructed and agreed upon with Amazon Prime.
“Still another hurdle is whether the NBA’s deal with WBD contains language that compels the parties to mediate and/or arbitrate disputes before either can seek redress in the courts. If such language exists, a judge would be inclined to dismiss a lawsuit until the parties have exhausted their dispute resolution procedures.”
I’m not as certain as others TNT matching necessarily means it will battle the NBA in court. For one, the NBA could accept the match. Even if the NBA rejects it, arbitration language might preempt litigation. Both have reasons to avoid litigation, too: https://t.co/Dtr6BrHkwe. pic.twitter.com/UBWU6VHB9N
— Michael McCann (@McCannSportsLaw) July 22, 2024
The harsh reality that we may have to face is that the relationship the NBA and TNT had may sadly be coming to an end after next season if terms cannot be set that are friendly and more appealing to the NBA. This is a business decision that will reflect the next eleven years of growth within the NBA, Adam Silver is aware and knows he has to make the best business decision, even if it angers the NBA faithful.
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