[JohnfAclambrJA]

6 August 2008

ATP STATEMENT ON THE RESOLUTION OF THE HAMBURG LITIGATIONLondon, UK. The ATP is pleased to announce that a jury today unanimously dismissed the claims filed in Delaware Federal Court by plaintiffs Deutscher Tennis Bund, Rothenbaum Sport GMBH and Qatar Tennis Federation. The jury found unanimously for the ATP, dismissing the one outstanding Anti Trust claim against the ATP Tour, Inc.

The jury’s decision followed Judge Sleet’s decision on Monday to dismiss all four claims filed by the plaintiffs against six ATP Board Directors and three of the four claims against ATP Tour, Inc.

Etienne de Villiers, ATP Executive Chairman, commented:
"We are delighted by today’s unanimous jury decision in favour of the ATP. Both the jury and Judge Sleet have recognised and upheld our fundamental right to set and make changes to the ATP Tour calendar, changes that are necessary if we are to unlock the full potential of our sport. Their decision also supports ATP’s position that this process of change was undertaken in a transparent, vigorous and good faith manner."

"These are exciting times for men’s professional tennis with the ATP set to unveil the largest set of changes to the Tour since its inception in 1990.The 2009 ATP World Tour will deliver record prize money to players, provide unprecedented amounts of investment into new and existing stadia, vastly increase the promotion of the sport, and see increased support from existing and new sponsors. Finally we will have the world class Tour our players, tournaments and fans deserve"

The ATP has reserved a 500 level tournament position on the 2009 ATP World Tour calendar in week 30 (week commencing 20 July 2009) for Hamburg should they wish it.

[GalasaKoll]

I admit to knowing next to nothing about the law (especially in this type of case), but the decision makes sense to me. It seems like the ATP should have the authority to do what it pleases with the tournaments on its calendar.

[10traistintarry]

I feel bad for Hamburg, but this is the correct result. As JJ said, the Tour has to have the final say when it comes to its calendar.

[vintsqyuid]

Since this is over , when is the 2009 ATP and WTA calendar going to be released?

[ChuttyAmult]

I'm sorry for the event, because it has a long history. But, it's the correct decision by a court and jury.

Plus, the idea behind Madrid - a top tiered combined event in the spring - is one of their better ones.

[vintsqyuid]

I'm sorry for the event, because it has a long history. But, it's the correct decision by a court and jury.

Plus, the idea behind Madrid - a top tiered combined event in the spring - is one of their better ones.

Mr. Roadmap has to be jumping for joy today 'cuz the WTA needs some more higher tiered events with ATP.

[laperuzdfhami]

Since this is over , when is the 2009 ATP and WTA calendar going to be released?

I would expect it at US Open, if not earlier. I know that it's ready and they were just waiting for the Hamburg decision "not yet releasing it for undisclosed reasons."

[neirty]

I dont know the legal bakcground of this decsion, which might be just in legal terms, but as a German tennis fan, this sucks. Hamburg gets degraded for no fault of their own. their appointed place in the calender after Wimbledon sucks even more. Combined with the road map 2010 that gives Rome the advantage over Berlin this all feels like a big "we really dont care at all about German tennis fans".

[Bigroza]

Delaware courts hardly ever side with the plaintiff in these types of trials. Incorporation is almost Delaware's raison d'etre.

A favorable ruling for Hamburg would have lead to a chaotic situation from what I've read.

It's just unfortunate that De Villiers, I think, sees a personal triumph. Might his ego get even bigger?

[laperuzdfhami]

I'm just a little confused why every analysis pointed to ATP not having a chance

[ChuttyAmult]

I dont know the legal bakcground of this decsion, which might be just in legal terms, but as a German tennis fan, this sucks. Hamburg gets degraded for no fault of their own. their appointed place in the calender after Wimbledon sucks even more. Combined with the road map 2010 that gives Rome the advantage over Berlin this all feels like a big "we really dont care at all about German tennis fans".

Germany was such a hot spot for tennis in the 80's and 90's. Tournaments all over the country. I feel for the fans there. They have a greater tradition than China, but money talks...

...Hamburg and Berlin walk.

[Czrzftmz]

I'm just a little confused why every analysis pointed to ATP not having a chance

Probably because everyone forgot to factor Delaware into the equation.

[phernikas]

Probably because everyone forgot to factor Delaware into the equation.

Took the words right out of my mouth. Once the judge dismissed all but one charge the ATP won. Hold that trial in Chicago, NY, LA you get a different verdict. There's a reason so many firms incorporate in Delaware.

[gymnAnemoe]

their appointed place in the calender after Wimbledon sucks even more.

This is the part that really shocked me, we'll still be stuck with clay tournaments between Wimbledon and the US Open...

[phernikas]

Well it ain't quite over yet. "Many" of the remaining 8 TMS events want the ATP to do the equivalent of swearing on a stack of Bibles that their sanctions are permanent. Their lawyer is contacting the ATP.

[laperuzdfhami]

This is still going on!


Court rejects Germans' challenge


DOVER, Del. -- A federal appeals court on Friday rejected a challenge from the German Tennis Federation to a court decision that cleared the way for the ATP Tour's tournament restructuring.

A three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia affirmed a 2008 federal jury verdict in Delaware rejecting the federation's antitrust claims against the Association of Tennis Professionals.

The federation had claimed the ATP's Brave New World reorganization plan unfairly demoted its Hamburg clay-court tournament to second-tier status. The plan moved the Hamburg event from May to July and eliminated it as a key warm-up for the French Open.

Attorneys for the federation argued at trial that the ATP was illegally trying to lock up the market for player services and tournament sanctions.

They also claimed the reorganization was the result of collusion among officers for the ATP -- the governing body for professional men's tennis -- and owners of certain favored tournaments acting in their own self-interests.

But jurors ruled unanimously that the ATP did not enter into any contract or conspiracy that might have harmed competition, adding that there was no market that it monopolized or attempted to monopolize.

The German federation and the Qatar Tennis Federation -- which owns a stake in the Hamburg tournament -- appealed the verdict.

They argued that the trial judge gave an improper instruction allowing the jury to determine that the ATP and its member tournaments constituted a "single entity" and thus could not have entered into a conspiracy or contract with one another to harm competition.

"This decision makes it clear that a sports circuit like the ATP can determine how to structure itself to best satisfy its customers," said Brad Ruskin, an attorney for the association.

Robert MacGill, an attorney for the German federation, declined to say whether it would seek a hearing by the full appeals court or try to take the case to the U.S. Supreme Court.

"We're evaluating our options," he said.

Continued: http://sports.espn.go.com/sports/ten...ory?id=5329598