RPT-DEALTALK-NHL risks buying white elephant with Coyotes
(Repeats Aug. 28 story for wider readership) (For more Reuters DEALTALKs, click [DEALTALK/])
* Auction for team to be held Sept. 10
* Judge to decide next week if Balsillie bid eligible
* Expert says process "ends in legal hell regardless"
By Ben Klayman
CHICAGO, Aug 28 (Reuters) - The National Hockey League grew tired of waiting for a white knight to save its bankrupt Arizona team from Canadian billionaire Jim Balsillie and decided this week to take matters into its own hands.
By offering to buy the Phoenix Coyotes for $140 million in the hope of then flipping it to a buyer of its choice, however, the North American sports league risks hemorrhaging money and an antitrust lawsuit, sports bankers and analysts said.
"It's a way to prevent the court's becoming the de facto new commissioner of the NHL," said Roger Noll, a professor of economics at Stanford University.
The NHL is opposed to Balsillie's ownership because he has tried to skirt league rules on the relocation of franchises several times in the past.
The NHL filed its bid on Tuesday for the team, which lost more than $67 million last season and filed for bankruptcy in May, in the hope of retaining control of a sales process that could lead to the Coyotes' relocation against league wishes.
The bankruptcy process allows a judge wide latitude to throw out contracts, including league rules, arena leases and concession agreements that would limit a team's value, analysts said.
An auction for the team is set for Sept. 10 in federal bankruptcy court in Arizona and the NHL is staring at a potential epic battle if the judge rules Balsillie, who wants to move the team to Canada, the winner.
"This is a soap opera," said Robert Boland, a professor of sports management at New York University. "This ends in legal hell regardless of the outcome."
RUNNING OUT OF CITIES?
Balsillie, the co-CEO of BlackBerry maker Research in
Motion Ltd (RIM.TO), has offered $212.5 million for the team,
but only on the condition he can move it to Hamilton, Ontario.
Meanwhile, a group that includes current Coyotes coach and part owner Wayne Gretzky, hockey's all-time leading scorer, has offered up to $150 million and promised to keep the team in Arizona.
A third bidder -- Jerry Reinsdorf, the owner of the Chicago White Sox and Bulls baseball and basketball teams -- on Tuesday pulled his bid of up to $148 million. Before the bankruptcy filing, the NHL had arranged a sale to the part-time Arizona resident, who also had promised not to move the team.
The judge is expected to decide on Wednesday whether Balsillie's bid can be included in the auction.
The NHL made its bid to "stem further erosion of the team's value." However, it said in court documents it does not expect to make a profit on any potential sale of the Coyotes.
Ironically, the group offering the highest bid for the Coyotes is the man the NHL least wants as an owner.
Balsillie in recent years has failed in attempts to buy NHL teams in Pittsburgh and Nashville, Tennessee, and move them to Canada. NHL owners recently unanimously rejected Balsillie's ownership application.
Even if successful in its bid, the NHL may be hard-pressed to find a better offer than it already has, analysts said.
The NHL's bid also included wording that guarantees play in Arizona only through the 2009-2010 season, leaving open the door to relocation. The Coyotes have never made a profit since moving to Arizona from Winnipeg, Manitoba, in 1996.
However, several analysts and bankers said the 30-team league has added too many franchises over the years and there are not many viable options left.
"We're running out of cities now," Boland said. "Where are they going to go? Kansas City?"
Several sports bankers also expect Balsillie to sue the NHL on antitrust grounds, arguing the league is preventing a team in Hamilton for no valid reason.
In the end, a settlement with Balsillie remains the best option, said Mark Conrad, who teaches sports law at Fordham University's School of Business.
"Stranger things have happened," Conrad said. "If you want to replicate Middle East peace talks you may have that possibility happen." (Additional reporting by Phil Wahba in New York, editing by Matthew Lewis)
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