By Phil Milford and Sophia Pearson
Aug. 6 (Bloomberg) -- The downgrading of the Hamburg Masters tournament by the Association of Tennis Professionals, the governing body of men's professional tennis, didn't violate laws against monopolies, a U.S. jury decided.
The panel in federal court in Wilmington, Delaware, deliberated about nine hours after a two-week trial before making the ruling yesterday. The German Tennis Federation had sought about $76 million in damages.
``On behalf of ATP, we're terrifically gratified by the decision,'' attorney Brad Ruskin said after the verdict. He argued to the jury that directors acted ``reasonably and responsibly'' to improve the tour, and that the dispute isn't an antitrust issue.
The German federation sued the ATP in March 2007, contending the group's so-called Brave New World restructuring plan reduced Hamburg's Masters tournament status, was anticompetitive and violated U.S. antitrust law.
Ruskin told jurors the federation knew that, as part of a contract, it had agreed such decisions were within the ATP's authority.
``We are delighted,'' Etienne de Villiers, ATP executive chairman, said in a statement on its Web site. The jury and judge ``recognized 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,'' he said.
Lawyer Robert MacGill, representing the federation, declined to comment after the verdict. He told jurors during the trial that the downgrade signaled ``the end of tennis in Hamburg,'' site of a $45 million, 13,500-seat stadium.
Possible Appeal
The German federation said it will consider appealing.
``Even though the jury did not decide in our favor, we stick to our opinion that ATP withdrew the Masters status from the Hamburg Tennis Tournament wrongly,'' federation President Georg von Waldenfels said in a statement on the group's Web site. ``We also stick to the view that we challenged the decision rightly.''
U.S. District Court Chief Judge Gregory Sleet, supervising the trial, dismissed one of the eight jurors after saying she became ``hysterical'' in the jury room yesterday and didn't want to work with other members of the panel.
Second Tier
The ATP plan moves the Hamburg tournament from the highest level and switches the event to July from May. The ATP has reserved a second-tier, ``500'' level tournament position on the 2009 ATP World Tour calendar for the week beginning July 20 for Hamburg if the federation accepts it.
The tournament's May schedule was the last major warm-up for the French Open. Players in Masters series can earn more world-ranking points than in regular tournaments, though not as many as Grand Slams, such as Wimbledon, the U.S. Open and the French event.
De Villiers announced plans last year to restructure the men's calendar to reduce injuries and ensure top players take part in the most prestigious events.
The 2009 calendar would have three tiers of ATP tournaments: the Masters Cup and Masters Series 1000, the Masters Series 500 and the ATP 250. There would be eight Masters Series tournaments instead of the current nine.
Hamburg as a Masters Series 500 would still be ranked in the top 20 events, the ATP's Ruskin said.
Backdoor Deals
German organizers alleged ATP directors voted to approve the Brave New World plan after a series of backdoor deals that transferred Hamburg's membership rights to Shanghai and gave Hamburg's current tournament slot to Madrid.
The ATP was paid more than $29 million by Shanghai and about $32 million by people in London who bought Shanghai's rights to the Tennis Masters Cup in 2009, MacGill told the jury.
Gary Kleinrichert, a damage expert for the German organizers, testified during the trial that the current value of the investment in the Hamburg facility is about $31 million. The value of Hamburg's membership is roughly $45.6 million, bringing total estimated potential damages to about $76 million.
ATP lawyers argued that Hamburg's membership value was much less based on a sale of 25 percent of the tournament to Qatar Tennis Federation. Qatar, which was a party to the lawsuit against the ATP, bought the minority interest in 2005 for about 3 million euros, Ruskin said.
The case is Deutscher Tennis Bund v. ATP Tour Inc., 07-cv-00178, U.S. District Court, Delaware (Wilmington).
To contact the reporters on this story: Sophia Pearson in Wilmington, Delaware, at spearson3@bloomberg.net; Phil Milford in Wilmington at pmilford@bloomberg.net.
Last Updated: August 6, 2008 14:08 EDT
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