Quote:
Originally Posted by GioforPM
I know that this view arises from US trade law cases but there is this to deal with:
From the NHL Constitution
4.2 Territorial Rights of League The League shall have exclusive control of the playing of hockey games by Member Clubs in the home territory of each member, subject to the rights hereinafter granted to members. The members shall have the right to and agree to operate professional hockey clubs and play the League schedule in their respective cities or boroughs as indicated opposite their signatures hereto. No member shall transfer its club and franchise to a different city or borough. No additional cities or boroughs shall be added to the League circuit without the consent of three-fourths of all the members of the League. Any admission of new members with franchises to operate in any additional cities or boroughs shall be subject to the provisions of Section 4.3.
As a lawyer I'd be pretty uncomfortable applying general cases from (a) non sports franchise models and (b) with different constitutions.
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That is the selling of the franchise. So Melnyk lets say cannot sell the Senators to Quebecor without the NHL and the board approving the sale. Ala the Hamilton fiasco where JB wanted to but the team and relocate them. If Melnyk chose to retain ownership of the Sens and relocate them to QC the NHL cannot stop him.