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ESPN-Star Sports writ picks holes in BCCI-Zee deal

September 09, 2004 09:17 IST

ESPN-Star Sports, in a petition to the Bombay high court, has given a blow-by-blow account of the crucial deal that ensured Zee Telefilms four years' cricket telecast rights.

The Singapore-based sports programme broadcaster has alleged that the Board for Control of Cricket in India misled it, saying that its offer of $308 million was "satisfactory."

BCCI had reportedly informed the representative of ESPN-Stars that it was to close the bidding process, ESPN-Star Sports said in its petition.

Contrary to its promise, BCCI finalised the deal with Zee Telefilms after the latter agreed to hike its initial offer, the petition filed by ESPN-Star alleged. Zee originally emerged as the highest bidder with $260 million.

It finally bagged the deal for the right to telecast Indian cricket matches after it hiked the bid size to $308 million for 144 days of international cricket, which is expected to go up to 160 days, against the earlier offer of 108 for 4 years.

ESPN-Star revised its offer to $308 million, which was matched by Zee.

"At no stage was it ever suggested by BCCI that the matter would thereafter remain in the realm of negotiation whereby further offers and/or counter offers would be considered from Zee Telefilms. Likewise it was never ever suggested that ESPN should be making its best offer. To the contrary the impression given was that the offer of $308 million as abovesaid would secure the rights," the petition alleged.

ESPN-Star Sports added that BCCI has promised Zee a minimum of 144 playing days instead of 108 playing days announced earlier.

"This was never disclosed to ESPN-Star although admittedly this could have a material bearing on the value of the rights commercials," it said.

At this meeting, ESPN-Star Sports was asked for some clarifications with regard to a number of issues related to the ownership, the constitution of the company, its production experience and capability, and employees strength.

It was also asked for the number of those employed by it in production arid operational roles; information on the sharing arrangement with DD; and certain aspects of the financial bid and payment terms thereof.

"BCCI clearly informed that they were interested in a composite bid. BCCI also stated that they did not want the bidding to become a fish market."

ESPN-Star was informed that Zee which had met them earlier in the day had made a final offer of $ 260 million without condition and $ 281 million with some conditions with regards restructuring of domestic cricket," the petition said.
BS Corporate Bureau in Mumbai