Advising Coach TresselMarch 29, 2011
The BCS is Under Scrutiny AgainApril 15, 2011
The right of final offer is a contentiously negotiated and important provision in any contractual agreement. Indeed, it is a provision that is difficult during negotiations, because the law requires that the party holding the right of final offer be provided with the opportunity to make the last offer. For example, when selling television rights, the conference office (i.e., Conference USA) shops the rights to all bidders and could ultimately come to an agreement with a bidder (i.e., Fox), but would still have to give the party holding the rights (i.e., ESPN) the opportunity to match or beat the new offer. This is difficult because Conference USA would have to inform Fox that they are in agreement, but would have to wait until ESPN has been the afforded the opportunity to beat or match the offer. Clearly, this places a burden on Conference USA and requires Fox to sit back and wait. These provisions do not help negotiations between a rights holder and new bidder.
I have never reviewed the terms of the ESPN and Conference