jbdphi
Aussie Aussie Aussie!
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ROFRs tend to up the purchase price. You bid high enough that 1) the ROFR holder won't take the bid, and 2) if he does he has money available to compete the next time. NBCs low balling means one of more of the following:
a) they didn't want the product
(Probably due the fact that UConn and Cinci were likely to leave. I wonder if the bid would be different after the ACC GOR?);b) they had a collateral "in the margins" deal with ESPN;
c) they are incompetant; and/or
d) Aresco and company are the world's worst negotiators.
Completely wrong in my opinion, and even if it may apply in selected situations, it would only be for incredibly attractive properties which have a massive amount of demand, and even in that case, it doesn't really apply.
Because the primary driver of ROFR is to scare people off from doing any serious work or due diligence on a property because regardless of how much time they spend and how smart they may think they are, they already know that someone else with more knowledge (the current rights holder) can step in at the last second and match their offer and they just wasted a bunch of time and talent on something that had a very low likelihood of occurring. It scares people out of the process before the process even begins. Hence, all we had was NBC.
Typically, if you do decide to move forward in that kind of situation, you put in an offer that makes the current rights holder think twice about matching. Given NBC obviously didn't do that leads you to two conclusions:
1) NBC are idiots (your choice c)
2) The Big East / AAC was worth a lot less than they originally thought after doing due diligence and their offer reflected that (kind of your choice a)
Unfortunately, I think I know the answer.