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Tagged: Spring Training
Yankee unis: Sticking with something good
Frank William Abagnale, Jr. Does that name hold any meaning to you?
If you've seen the movie "Catch Me If You Can" you know who I'm talking about. At an early point in the film, Frank Abagnale, Sr. poses a question towards his son:
You know why the Yankees always win, Frank?
Frank Jr. gives the obvious answer: because they have Mickey Mantle.
Ehhht. Wrong.
No. It's 'cause the other teams can't stop staring at those damn pinstripes.
Perhaps those vertical navy blue stripes are overlooked. Or, at least not thought about a whole lot.
The pinstripes are an important part of the Yankee tradition, as the team has been wearing pinstriped uniforms dating back to as early as 1912. The Yankees' road uniforms have been the same since 1918: plain grey with NEW YORK across the chest (although from 1927-30 "NEW YORK" was replaced with "YANKEES").
Consistency in every sense of the word. The Yanks have worn same home uniforms for roughly 104 years and the same road uniforms for 86 years.
In an age of alternate home and road apparel and a time when teams change colors and logos seemingly every year, the Yankees have been the aberration. The one team that hasn't conformed to change.
Think about it. The Arizona Diamondbacks have only been in the league since 1998. They are going on only their 18th season in existence and have changed their uniform colors from teal, copper, purple and black to Sonoran sand (a shade of beige) and Sedona Red while maintaining black.
Not to mention when the Diamondbacks first made their Major League Baseball debut, they had three different logos for their cap: one for home games, one for away games and an alternate.
The Yankees, on the other hand, have had the same cap design — the solid navy blue hat with the interlocking "NY" — since 1922.
Ninety-four years with the same cap. Again, consistency in terms of fashion in the truest sense.
Save for spring training, that is.
As most fans know, the Yankees only don the pinstripes for their spring opener — which, as a friendly reminder, spring training begins in a few short weeks. After their first exhibition, the Yankees wear navy blue road and away jerseys in spring training games. This year, the Yanks and other teams across MLB will get snazzy new unis for spring training.
The Yankees' new spring training jerseys come complete with designs inside the numbers on the back, as well as an "FL" inside a blue shield on the sleeve and on the side of the cap.
Seeing as how the Yanks are in Florida's Grapefruit League for the spring, perhaps the image of a fruit would have been more clever as far as a special character for the uniform.
But hey. Maybe that's why I blog and don't design baseball unis.
Notwithstanding, it's refreshing to see a team in the modern age uphold its tradition, and prove the point that swapping colors and changing logos frequently are unnecessary practices.
Sticking with something and going with it usually works out just fine.
Twitter: @YankeeYapping
No hits and hat tips
If you watched the brilliant 2007 miniseries The Bronx is Burning, which detailed the radical 1977 New York Yankees season, you might remember how eccentric former Yankee owner George Steinbrenner was portrayed. The Boss would get ticked off very easily at the most minute happenings, if you recall.
"We lost an exhibition game to the Mets – to the METS!" he snarled in one scene.
It leads me to believe that if Steinbrenner was still alive, and saw what happened last night in Panama, he would have lost his marbles. Not only did the Yankees lose an exhibition to the Miami Marlins, baseball's biggest joke in the eyes of most fans, they were no-hit.
I repeat: the Yankees were no-hit by the Marlins.
Though only an exhibition, or a game that doesn't count, Joe Girardi was not thrilled, saying afterwards,
"You never want to be no-hit. I don't care what game it is, what level. You never want to see that."
The fact that the game was being played in honor of Mariano Rivera in his native Panama at Rod Carew Stadium – and the fact that Rivera was in attendance to witness this negative piece of history – only hurt more, in this writer's eyes.
Now granted, a number of big names like Ichiro, Jacoby Ellsbury, Mark Teixeira, Brian McCann and Brian Roberts didn't participate in the no-hitter, as they were stateside in Florida playing the Baltimore Orioles. Yet a few of the key regulars didn't impress. In fact, they played a royal hand in being no-hit.
Derek Jeter, Carlos Beltran, Alfonso Soriano, Brett Gardner and Francisco Cervelli were a combined 0-for-14 with one walk and six strikeouts. Gardner was the only one of the five regulars to reach base via a walk, and was only one of two base runners all night. Zelous Wheeler drew a walk in the eighth inning but that was all the offense – if you can call it offense – the Yanks could muster.
The question I kept asking myself was, when is the last time the Yankees were no-hit in spring training? Better question: have they even ever been no-hit in spring training?
The last time they were no-hit (to any capacity) was June 11, 2003 at the hands of the Houston Astros. Coincidently enough, Jeter and Soriano were a part of the no-hitter in '03 to Houston, as well as a part of last night's struggle.
What's funny is today, in the second game of the Legends Series in Panama, the Yankees no-hit the Marlins through six until Giancarlo Stanton singled to begin the seventh inning. So, the day after being no-hit by the Marlins, the Yanks took a no-no of their own deep into the game.
Can't make this stuff up, folks.
Luckily after all the excruciating, no-hit nonsense to report on last night, the Yankees took out their frustrations in split squad action this afternoon. The stateside crew beat the Atlanta Braves 7-4 and the team that was no-hit last night pounded out 15 hits today, and shutout the Marlins 7-0.
Everyone looked good in this afternoon's action, including Masahiro Tanaka and CC Sabathia. Tanaka pitched 4.1 innings at "The Boss" vs. Atlanta and only let up one earned run on just three hits. He walked two but fanned six, looking as tactical and as effective as Mike Mussina once looked.
Mussina, if you remember, was not incredibly overpowering but so methodical in facing hitters; he had a game plan. Tanaka looked to possess that "Moose"-like style today, at least in my opinion.
Sabathia, in the meantime, worked his best outing of the spring, tossing a perfect five innings against the Marlins; no walks and five Ks. Coming off such a subpar 2013, and not exactly turning any heads this spring, you have believe he needed a performance like today.
Tip of the Hat on #TBT
I've recently become "one of those people" on Twitter who partakes in #ThrowbackThursday, posting an old picture from the past and describing it.
This past Thursday, March 13, was the five-year anniversary of my story on John Flaherty; the former Yankee catcher and current YES broadcaster came to my college (Mercy; Dobbs Ferry, NY) in 2009 to speak to the baseball and softball teams at their fundraiser breakfast.
Flaherty told some awesome stories that morning, including how he was hung over the day he was called up to the major leagues – because he and his friends had gone out for "sodas" the night before.
To celebrate the fun memory, naturally I decided to post a collage photo of my newspaper article on the former Yankee catcher, the ball Flaherty signed for me that day, and the picture he took with me.
Tweeting the photo at him, Flaherty remembered the day and offered me kudos on a job well done, which was very nice of him.
Thanks for the kind words, John!
You can follow me on Twitter @YankeeYapping and @AJ_Martelli
Another silly baseball story
Spring Training is hardly about final scores, which is why the Yankees and the Tampa Bay Rays ended their game in a 3-3 stalemate today in 10 innings. As we all know, there doesn't need to be a winner in most exhibitions, as long as everyone gets their necessary work in.
The Rays showed off a great deal of their minor league arms in this afternoon's spring tune-up, and in watching along as I put the finishing touches on my girls' hoops articles for the week, I took notice of some recognizable names.
In the eighth inning Tampa Bay skipper Joe Maddon brought in a lefty by the name of C.J. Riefenhauser – a familiar name if you're a Westchester County, N.Y. sports buff such as myself. Riefenhauser attended Mahopac High School, and if I'm not mistaken, my editor has written a number of features on him.
It's quite possible Riefenhauser makes the big club this year, and I couldn't be happier to see a product of a school in my newspaper's coverage area make it to the show, though I never had the chance to interview him personally. Today Riefenhauser threw (I believe) just two pitches in the 1/3 of an inning he tossed and got Ramon Flores to pop out to short, earning a hold in the process.
Making a note of Rifenhauser's appearance on Twitter seemed to go over well with those who know him. Ten re-tweets, four favorites and counting.
Before Riefenhauser did his work, as short as it was, another southpaw by the name of Adam Liberatore was on the mound – yet another familiar name. Liberatore pitched for the Hudson Valley Renegades in 2010, a (short season Single A) farm team of the Rays, and a team which longtime readers of Yankee Yapping might remember I interned for.
Again, it was nice to see a name I recognized get some playing time in Spring Training. Then the Rays called on their final pitcher in the 10th frame. And all the memories – the good memories – raced back to me.
Maddon brought in Merrill Kelly, a 25-year-old right hander, for the last inning. Kelly, like Liberatore, was a member of the 2010 Renegades. Kelly was called up to extended-A Bowling Green in the middle of the Renegades' 2010 season, but a few weeks before he was promoted, this writer had a rather humorous exchange with him.
It was a Sunday in July at Dutchess Stadium – which meant it was kids' day; children were picked out of the crowd for the wacky activities on the field, in between innings. Then at the end of the game, the kids in attendance were permitted to step onto the diamond and run the bases.
My cousin Thomas (16 at the time, yet short in terms of height for his age), who I went with to the Yankees' home opener earlier that year, was at the game. I had greeted him when he got to the ballpark but soon after, he ventured off with his friends, while I (doing my duty as an intern) helped set things up for the daffy entertainment in between innings.
A little while later before the game started, I was on the field near the first base dugout and saw Thomas – from the front row of the stands – talking to Kelly. I walked over to see him, only to hear an apparent argument going on between my cousin and the reliever.
"Yes I am!" Thomas kept saying.
"Dude, no you're not," Kelly retorted.
"Yes, I AM!" Thomas persisted.
"NO, you're NOT," Kelly answered.
Confused, I asked what was going on.
"A.J., tell this guy I'm 16! He doesn't believe me!" Thomas defiantly said.
Being Thomas's cousin, knowing he was telling the truth, I was able to vouch for him.
"He is 16, Merrill – I'm his cousin," I calmly told Kelly.
The cleat/shoe was certainly on the other foot, as Kelly examined me, looked back at Thomas and said to him, "Dude. You're going to get carded for the rest of your life!" before walking into the dugout.
It was one of the funnier moments of the day, probably second to Thomas participating in the fun in between innings, playing the "dizzy bats" game as part of kids' day.
I've mentioned it before, and I'll say it again now – I'd really be interested in writing a book about that summer, interning for the Renegades; include all the fun shenanigans and hoopla that ensued that summer. At the moment I'm not exactly sure how to go about pursuing such a project. Hopefully I can find out and go after it, because I think a lot of folks who enjoy the child-like aspect of baseball would appreciate it.
Keys to the Kingdom
'Tis the season of the cracking of the bat and the popping of the leather. Yes, MLB Spring Training is finally here, and yesterday the Yankees began their string of exhibition games. As it is, the Bronx Bombers dropped both of their first two Grapefruit League games to Pittsburgh, losing 6-5 Wednesday and 8-2 today – though we all know final scores are probably the least important stat when it comes to Spring Training.
It's all about fine tuning and getting ready for April, when the scores count and the Yanks embark on their quest for World Series title number 28. Yankee Captain Derek Jeter, who as we all know announced his retirement after this upcoming season, declared today that he wants to go out a winner:
"We're the last team standing and we win the championship.
That's the only way I envision it ending."
In order for that happen, a lot has to go right. First of all…
CC Sabathia needs a bounce-back campaign
Last year CC Sabathia faced arm problems, really for the first time ever in his career. The Yankee ace lost 13 games in 2013 and only won 14, coming off 2012 when he won 15 – a far cry from the 21 and 19-win seasons he put up in 2010 and 2011, respectively. Last season Sabathia's ERA was 4.78, the highest earned run average he's ever posted in his career.
If you're the type of analyst who likes to throw wins and ERA out the window, here's something to chew on: Sabathia let up 28 home runs in 2013 – another career-high for a single season. If that isn't enough, here's something else to consider: Sabathia served up more taters than Phil Hughes last season, the former homer-happy Yankee and now-Minnesota Twin. Hughes allowed 24 hitters to leave the yard last year compared to Sabathia's 28.
Yes. You know it's bad when you've given up more long balls than Hughes.
There's no debating the fact that Sabathia needs to turn it around; be the ace the Yankees bought him for prior to 2009, or at least be close to what he was. It's not too much to ask, mostly because he's already proven the type of anchor he can be to a pitching staff.
To his credit, Sabathia slimmed down and lost some weight. According to Michael Kay of YES, Sabathia came into Spring Training last year just under 300 lbs., whereas this year he showed up around 275 and visibly thinner.
Obviously Sabathia is taking serious steps towards getting back to form, but he needs to cut down on the home runs and be clutch this year if the Yankees want to be that last team standing.
Stay healthy, New York
You cannot predict injuries. It's a fact of sports life. In recent times the Yankees have had a ton of hard luck when it comes to injuries, and they haven't been able to field a complete team.
New Yankee Jacoby Ellsbury has failed to appear in 100 games in two of the last four seasons because of injuries. In 2010 the speedy center fielder only played 18 games and in 2012 he played just 74, thanks to fractured ribs as a result of an outfield collision ('10) and a collision on the base paths trying to break up a double play ('12).
In between he's been as solid as they come, though. 2011 was Ellsbury's best season to date. With 32 home runs, 105 RBIs, a .321 batting average, 212 hits, and an All-Star nod, he was arguably the best all-around player in the American League. Being the runner-up for the AL MVP award, while taking home a Gold Glove and a Silver Slugger, is only a testament to how fantastic he truly was in '11.
That begs the question, which Ellsbury will be showing up in 2014? The perennial All-Star or the injury prone player who gives up his body en route to disabled list stints?
And Ellsbury is just one example.
To supplant Herculean second baseman Robinson Cano, who split for Seattle, the Yankees signed Brian Roberts – a 36-year-old second sacker once feared by all as a Baltimore Oriole, but has only played 192 games over the last four seasons on account of injuries. (Roberts managed to play 77 games last year, 17 in '12, 39 in '11, and 59 in '10).
Doing the math, Roberts has missed 456 games over the past four seasons; DL stints and concussions have eaten him up. Keep in mind, specifically, he ruptured a tendon behind his right knee last April vs. Tampa Bay attempting a steal of second base.
Knowing all that, will Roberts be a comeback player and offer reliability, or will he simply be unproductive and relegated to the disabled list for a large chunk of the season?
The question marks of Ellsbury and Roberts are of course piled on top of apprehension about Jeter and Mark Teixeira. Jeter (39, 40 in June) as we all know is coming off ankle injuries that limited him to 17 games in 2013, while Teixeira (33, 34 in April) is coming back from wrist problems that only allowed him to play 15 games last year.
How each of these players respond is obviously a "to be determined" but at the same time there is no crystal ball in existence to let us know if they'll be able to grind out the entire season injury-free.
The bullpen has to be effective
It's fair to say the Yankees' bullpen was probably their weakest link last year, even with the legendary Mariano Rivera at the back end closing everything out – which really tells you the whole story. This writer keeps asking himself,
"If the bullpen wasn't that good with Rivera last year, what can we expect without him this year?
David Robertson, as of now, is expected to succeed Mo in the closer role, which is scary to think about. If you recall in 2012 when Rivera's season ended on May 3 on the warning track in Kansas City, Robertson was plugged into his spot as closer, but he didn't cut it.
In just his second save opp a week after Rivera went down, Robertson failed to protect a 1-0 lead over Tampa Bay, giving up a three-run homer to Matt Joyce. He later gave up another run and the Yankees went on to lose, 4-1. Robertson called it afterward "the worst feeling in the world."
Luckily in 2012 the Yankees had the option of using Rafael Soriano in Robertson's stead – an option that worked out well, given that Soriano saved 42 games in Rivera's absence.
Now, similarly, the Yankees have signed former Oakland A's closer (and 2009 AL Rookie of the Year) Andrew Bailey, albeit to a minor league contract. Bailey has 89 saves to his name in his short career, with experience as a closer, making him the logical choice to succeed Rivera over Robertson.
Bailey, like a lot of other Yankees, has a history with injuries. In 2012 he had reconstructive surgery on his right thumb, and just last year an MRI revealed he had a torn labrum in his pitching shoulder.
It'll come down to whether or not Bailey can make it back from injury and be a shutdown pitcher like he once was. For now though, the Yankees have a premiere setup man in Robertson – and that's about it, because Robertson isn't a proven closer.
At least not yet.
Looking outside the back end of the bullpen, the middle relievers need to step up too. Shawn Kelley and Preston Claiborne are going to be two important pieces to the bullpen, along with newcomer Matt Thornton, the tall order who'll replace Boone Logan (now with the Colorado Rockies) as the main southpaw out of the 'pen.
Sources are saying former top Yankee pitching prospect Dellin Betances will be vying for a spot in the bullpen this spring, as it's already been established by Yankee GM Brian Cashman that he will be a reliever in the long run. Betances could either prove to be a key middle reliever or long reliever, yet he has to pitch well enough for the Yankee brass to have faith in him – and well enough to keep himself off mopping duty.
The Opening Day bullpen is likely going to come down to whichever relievers are effective during Spring Training, and the point stands: they have to be effective, whoever they may be when camp breaks.
Masahiro Tanaka has to adapt
Nobody is expecting Masahiro Tanaka to go 24-0 and post an ERA under 2.00 in his rookie season, but if there is one thing the new, prized Japanese import must do, it's get acclimated to the MLB style. His numbers in Japan were far better than a lot of the other Japanese-born pitchers who've come over from the land of the rising sun, meaning he could potentially have a huge year, but the average fan might not realize a couple of things.
First off, pitchers in Japan throw only once a week, whereas here in the states, Tanaka will have to toe the rubber once every five days. Not only that, but the NPB in Japan also uses smaller-sized baseballs compared to an official MLB rock, therefore an adjustment needs to be made in that respect.
The biggest difference will be the hitters Tanaka faces. Monsters such as David Ortiz, Miguel Cabrera, Mike Trout and Prince Fielder will probably pose bigger threats (and are more intimidating) than the more tactical batters he went eye-to-eye with in Japan.
Though one could argue Tanaka won't be fazed by the Goliath-like giants he faces here in the U.S., given his cool demeanor and calm presence at his introductory press conference.
While it's perfectly fine to expect Tanaka to succeed – and he will – it's reasonable to presume he will go through his growing pains. Adjustment is the biggest part of his game.
We'll get our first live look at Tanaka on Saturday afternoon in the Yankees' exhibition vs. the Phillies.
They have to make each other better
The key to any successful team is chemistry. Most of the 2014 Yankees will be first-time teammates, not having played with each other before. While some like Jeter, Teixeira and Brett Gardner have been together for a few seasons, newbies like Ellsbury, Brian McCann and Carlos Beltran have not had a chance to jell as teammates.
If you look back to 2009 – and the Dynasty years, for that matter – a player could have an off-night, but the rest of the team would be on. For example,
In 1998, Tino Martinez might have an "0-for" night, but Jeter, Bernie Williams, Scott Brosius, and Paul O'Neill would be firing at will, and the Yanks would win. The next night Jeter could have gone 0-for-4, but Martinez and everyone else would still be en fuego.
Those teams were the masters of picking each other up.
If the 2014 Yankees can perfect that same art, they'll be as lethal as any team in baseball.
And the kingdom will be theirs.
Of Mice and Men
"Fumbling his confidence and wondering why the world has passed him by" – must be the motto of Alex Rodriguez's life right now.
In about a week position players will be reporting to camp, preparing for the Spring Training grind. But it won't be the case for A-Rod, the third baseman out until at least after the All-Star break – perhaps the entire season, depending on who you talk to.
Surgery to repair muscles in Rodriguez's left hip on Jan. 16 was successful, yet it came with a price. Rehab for this particular procedure could potentially collect $28 million from the Yankees – money the Yanks will have to pay A-Rod to simply watch the action from the bench all season.
You'd think that would be enough to squash Rodriguez for one lifetime. Think again.
Ten days after his surgery A-Rod was linked to performance-enhancing drugs for the second time in his career, news breaking that he purchased HGH and other PEDs from a clinic known as Biogenesis, located in Rodriguez's home state of Florida. Reports surfaced that the head of Biogenesis, Anthony Bosch, would go to A-Rod's Miami home and personally inject him with steroids.
Right away Rodriguez denied the allegations, but perhaps the most significant aspect of the whole ordeal: not one of his teammates spoke up for him; no Yankee going to bat for A-Rod. Except for maybe Derek Jeter, who only had one thing to say:
"Let him speak first."
Although this writer would hardly even call that "sticking up for your teammate."
Since then the Yankees have tried to find a way out of his 10-year, $275 million contract – a pact that has five years and $114 million remaining. Their efforts to void his contract were futile, however, only because when the Yanks first struck the mega-deal with A-Rod, they made sure to provide no way out for the third baseman.
Why did the Yankees do this? Time for a history lesson.
A-Rod could do no wrong in 2007. Coming off a 2006 season in which he struggled mightily in clutch situations (despite putting up staggering numbers: 35 HR, 121 RBIs, .290 BA), he was nothing short of spectacular. It seemed whenever the Yankees needed a big hit in '07, A-Rod was up .
And he always delivered.
In the midst of his 2007 MVP season, the Yankees wished to restructure his contract, knowing he was going to be able to opt out of it when the season concluded. Rodriguez wasn't quick to jump at the chance to negotiate mid-season, and turned the Yanks down, forcing the organization's hand.
Basically, in not so many words, the Yankees responded to Rodriguez's refusal to negotiate by saying, "if you choose to opt out, we aren't chasing after you."
However when A-Rod did opt out – in the middle of the World Series, prompting another mess of criticism – the Yankees caved in and offered him the ironclad giant deal that is currently sticking them when the sun doesn't shine.
The only way for the Yankees to dismiss Rodriguez, as of now, is for A-Rod to hang up his cleats and retire. Call it a hunch, but at 37 (though he'll turn 38 on July 27) retirement just doesn't seem imminent for A-Rod.
Last week Rodriguez made the front pages again, a report claiming that he said the Yankees and MLB are out to get him; baseball looking for a reason to bring him down.
Could it be paranoia, or just a way to get fans feeling sorry for him, back on his side?
Either way, A-Rod's career will forever be mired in controversy. Even in his brightest days of 2007, the media went after him, finding pictures of him coming out of a club with a "mystery blonde" while he was still married.
Of course then it broke in 2008 that he and Madonna were an item, and remember, he tried to pick up some girls during the playoffs last year – a postseason in which he miserably failed, batting a measly .118 with no homers, no RBIs, and 12 strikeouts, proving his on-the-field strife is just as relevant as his off-the-field vexations.
Oddly enough, throughout this A-Rod chaos, only one person comes to my mind: Jason Giambi.
Like Rodriguez, Giambi was linked to PEDs, and had a sort of up-and-down, roller coaster-like tenure with the Yankees. In 2004, Giambi played only 80 games and didn't do much for the Yankees living off a fat contract.
However, he rebounded and ended up hitting 32 or more home runs in three of his final four seasons in pinstripes. Not to mention when Rodriguez went through his trifles in 2006, Giambi was the one who stepped up and told A-Rod to "man up."
That kind of attitude is probably why Giambi, even at 42, is still hanging around the game, the former Yankee signing a minor league deal with the Cleveland Indians today.
The only way for A-Rod to find any more success in pinstripes is to heed Giambi's words. Man up. Perhaps revert back to what he once was; turn back the clock to his glory days.
Otherwise he won't be remembered for anything great he accomplished as a Yankee. His 2005 and 2007 MVP seasons will fade in the minds of the Yankee fans; his solid championship season of 2009 will be forgotten.
A-Rod will only be remembered as a weak individual who cracked at every corner. The Bronx Bomber who took the highest fall from grace in the history of the Yankees. A man trapped inside the vortex of a troubled life – like a mouse caught in a maze.
And I suppose that's just it. Be a man, A-Rod. Or, well, be a mouse.
That Championship Season
*To all of my football lovers out there: this one is for the Giants. Because we were ALL IN.*
Before Super Bowl XLII in February of 2008, then-Giants' wide receiver Plaxico Burress predicted his team would beat the Patriots by a score of 21-17. New York wound up beating New England in exciting fashion, 17-14. It may have taken another four years but last night Burress's prediction finally came to fruition.
In Super Bowl XLVI the Giants beat the Patriots 21-17, in another exhilarating title match.
I can't really explain why – maybe it's just God's way – but whenever the Giants and Patriots meet, the Giants seem to have their number. Two weeks ago I wrote about all the similarities between this year and their last Championship season.
And both Super Bowls proved to be just as comparable.
2007: The Patriots led at halftime, but not by a lot: 7-3.
2011: The Patriots led at halftime, and again, not by much: 10-9.
2007: Eli Manning had the ball on his own 17-yard line, Giants trailing 14-10 with just 2:39 left in the game.
2011: Eli Manning had the ball on his own 12-yard line, Giants trailing 17-15 with just 3:46 left in the game.
2007: On third and five Manning evaded what looked like a sack, threw up a Hail Mary, and miraculously hit David Tyree, who pinned the football up against his helmet for a 32-yard completion and a first down. The catch laid the groundwork for the winning touchdown.
2011: On the first play from scrimmage, Manning found Mario Manningham near the sideline and beating double coverage, hooked up with him for a 38-yard gain, giving the Giants prime field position to set up a score.
2007: Manning hit Burress in the end zone for a TD with just 35 seconds left on the clock. Tom Brady and the Patriots failed to move the ball into field goal range as time ticked down and lost by three points, 17-14.
2011: Ahmad Bradshaw hesitantly ran the ball into the end zone for a TD, leaving Brady and the Pats with only 57 seconds to score a touchdown. And once again, Brady and his receivers failed to move the ball down the field, losing by four points, 21-17.
2007: Manning wins the Super Bowl XLII Most Valuable Player award. He went to Disney World and the Canyon of Heroes – in that order.
2011: Take a guess who won Super Bowl XLVI MVP….Yes. It was Manning again. Today Manning was once again at Mickey Mouse's home – and tomorrow he'll be with his teammates in the Canyon of Heroes.
This year truly was, as Yogi Berra would say, déjà vu. Or déjà blue, depending on which way you want to phrase it. New York once again triumphs over New England, and gets the opportunity to celebrate a huge win.
Jubilation in New York. And for the fans in Boston; New England: more heartache.
Dan Shaughnessy of the Boston Globe had it right today when he wrote,
"History Repeats:
Instead of celebrating a grand slam–championships in every major sport over a period of four years and four months–New Englanders are spitting out pieces of their broken luck, bracing for the avalanche of grief from those annoying New Yorkers."
Yeah, pretty much spot on.
Every fan of the Patriots must be saying "Mario (bleeping) Manningham" right now, the same way four years ago they were undoubtedly saying "David (bleeping) Tyree" – and just like most Red Sox fans in the past have exclaimed, "Bucky (bleeping) Dent" and "Aaron (bleeping) Boone."
A win like yesterday is the type of victory that can carry New York bragging rights over New England for a long way.
I know as a fan of the Giants, and as a fan who doubted they would go anywhere this season, I was enthralled; fascinated. The familiar feeling of sports joy overcame me. One of my favorite teams won a title and I was so happy I got down on one knee and…I'm not calling it "Tebowing." In the spirit of the win, I prefer to call it "Manning'ing."
That's what I did.
Tom Coughlin, the Giants' Head Coach, seemed just as happy as I was, seeing as how he was on the hot seat when the Giants scuffled. Coughlin became the oldest Head Coach in the NFL to win a Super Bowl at 65 years. He is also only the second coach to lead the Giants to a Super Bowl win. Bill Parcells was at the helm of the squad for the Giants' first two Super Bowl victories in 1986 and 1990.
As for Manning…well…
At the outset of the season he called himself an elite quarterback; a top five-caliber manager who deserves to be put on the same level as Brady. The media jumped all over that statement and put Manning under the microscope. When he struggled, they doubted his words.
But now that he has beaten Brady three times in his career – and twice on the worldwide stage – his bold words are now inarguable. Manning is an elite quarterback, and he is as every bit as good as Brady, if not better. He led his team in a total of eight game-winning drives in the fourth quarter this season (including the postseason).
If that isn't considered clutch, what the heck is?
And now, if anyone tries to call out Manning; say he isn't one of the best QBs in the league, their point will be invalid. The proof of his greatness lies in his stat columns and the number of Super Bowl rings on his fingers.
No more Manning-bashing.
The Giants became only the fifth team in NFL history to win four or more Super Bowls. The Pittsburgh Steelers own six titles, the Dallas Cowboys and San Francisco 49ers both have five. The Green Bay Packers have four, and now, so does the so-called "Big Blue Wrecking Crew."
That's right. The Steelers have the most Super Bowl titles in history with six. Football certainly is a different game than baseball as far as the Championship goes, looking at the 27 World Series titles the Yankees have.
And speaking of the Yankees, Spring Training will be starting shortly. Pretty soon camp will start and before we know it camp will break, bringing the 2012 MLB season. Now that football season has come to a dramatic and happy ending, baseball is soon to begin.
And while we wait, we can enjoy yet another New York Championship.
The Most Wonderful Time of the Year
"It is our right seven months out of the year to sit on the couch with a bowl of pretzels and a frosty cold one and watch baseball…baseball is America's game. It belongs to the people and the people is…us. So I say, let there be baseball. Let there be life."
-Al Bundy
It's your ace vs. their ace. It's new life. It's hope of a winning season. It's the best day of the year:
Opening Day.
In less than 24 hours, the Yankees will embark on their quest for World Series Number 28, opening their 2011 regular season at home against the Detroit Tigers. It will mark the first time the Yankees have started a season in their two year-old Stadium, being that in 2009 and '10 they opened their season on the road.
In a rather strange coincidence, the Yankees ended their Spring Training in the Grapefruit League on Tuesday with a 2-1 win over their Opening Day opponents, the Tigers. Now that camp has broken and baseball is officially back, there are a few storylines to discuss.
First off, Jesus Montero. The Yankees opted to send him and Austin Romine to Triple-A Scranton/Wilkes-Barre and they gave the backup catcher job to Gustavo Molina, who has hit .122 for his career (23 games) with no homers, seven RBIs. It's apparent he hasn't had much experience at the Major League level.
If you ask me, the Yankees should have let Montero join the big club. They keep stressing how they want to mold him and shape him to be the catcher of the future – and that is perfectly fine. In the coming years he will be the everyday catcher.
As for the present time however, he had an opportunity to at least see some big league action and the Yanks threw it away. I'd like to see Montero go through his trial time now.
There's no doubt he is going to take his lumps when he first gets called up, and I would have liked to see it happen now – at the beginning of the season when there's at least some room for error – rather than the end of the season when everyone needs to be producing.
What the Yankees should have done, in my opinion, is allow Montero to backup Russell Martin until Francisco Cervelli's foot injury heals. When Cervelli gets healthy, they could have optioned Montero back to the minors – either way the Yankees win in that scenario.
Here's why:
If Montero struggles at the big league level, they send him down and he will know what to expect when he comes back up; he will be a little more mature. If he starts tearing the cover off the ball at the big league level, well…that's self-explanatory.
One way or another, Montero could contribute this year. He is someone to keep in the back of your mind.
Another storyline is Derek Jeter. As it's been documented, the Captain is 74 hits away from 3,000 for his illustrious career.
Undoubtedly he will reach the milestone this year and when he does, he will become the first Yankee to accomplish the feat. He will also be only the fourth shortstop to ever do it (Honus Wagner, Robin Yount, and Cal Ripken, Jr.).
Jeter has said that he will "enjoy the ride to 3,000." And when the ride ends and he reaches destination 3,000, it will unquestionably be a wonderful moment for the Captain and the Yankee team.
The pitching is another storyline that is always examined throughout each season, and this year will be no different. The Yankees' starting rotation has rightfully been nicknamed "CC and the Question Marks."
Looking at it objectively, it's a fitting name. CC Sabathia has already proven he is a front-line starter, a horse, and a Cy Young caliber pitcher. He has been in the Cy Young discussion both years he has been in pinstripes and captured the ALCS MVP in 2009.
It's safe to say right now Sabathia has nothing to prove.
The other four guys, on the other hand, have a lot to prove. A.J. Burnett, who according to the beat writers is battling a cold, goes without saying. Everyone pretty much understands that in order for the Yankees to be successful, their number two man needs to turn things around and put up a big season.
Last year Burnett averaged over five earned runs a game and was 10-15. He needs to change that.
Phil Hughes may have recorded 18 wins last year, but he averaged over four earned runs per game. He lost two important games during last year's ALCS, including the series-ending loss to the Texas Rangers.
Hughes flew under the radar for the most part because of his 18 wins. But what most fans don't understand is that the Yankee offense gave him a good amount of run support; he won some games in which the Yankees scored a lot of runs.
This spring Hughes had a 4.09 ERA and gave up 10 runs on 24 hits in 22 innings. If this is what we are to expect of him from the number three spot in the rotation, he will need the run support he had last year.
Ivan Nova won the fourth spot in the starting rotation with a good spring (2-0, 1.80 ERA in 20 innings pitched, four walks, nine strikeouts). Last year he was 1-2 with a 4.50 ERA and seemed to struggle when it came to the fifth inning.
It will be interesting to see how he holds up playing a full season.
Lastly there's Freddy Garcia, who won the fifth spot in the rotation over Bartolo Colon. Garcia was the favorite to take the number five starter job because he was 12-6 last season for the Chicago White Sox and Colon had not pitched in an MLB game since 2009.
Garcia was 1-1 with a 4.91 ERA this spring – and yes, he too has a lot to prove.
Mark Prior did not make the team coming out Spring Training, much to my surprise. He had such a wonderful spring: 8 2/3 innings pitched, a 1.04 ERA, three runs (only one was earned), five walks, and 12 Ks.
Prior will go through extended Spring Training and has said he hopes to help the Yankees this year; he is still striving to make the big team and wants to contribute.
Honestly, I am disappointed in the Yankees. Prior is interchangeable; he can be a long reliever or a middle reliever. With Pedro Feliciano on the disabled list, it opened up a spot in the bullpen. What did the Yankees do?
Well, they gave it to Luis Ayala, which doesn't look like a bad right out of the gate. Ayala pitched to a 0.79 ERA this spring, tossed 11 1/3 innings, and gave up just one earned run on nine hits. He walked no one and fanned nine.
Bear in mind though, Ayala was pitching mostly to minor leaguers late in spring games. If he scuffles against the major leaguers in the regular season games, I say dump him and bring up Prior.
On the offensive side of things, Alex Rodriguez had a monster spring. He averaged .388 and hit six homers in 18 games. He knocked in 15 runs and registered 44 total bases. He drew five walks and only struck out seven times.
There has been a lot of speculation that Rodriguez could be a potential MVP candidate. I think he has to get his feet wet and get going, but if this spring was any indication, A-Rod will have a spectacular year.
With all these storylines, new ones will emerge as the season rolls on. And so it begins.
Tomorrow afternoon at 1:05 (weather permitting) the Yankees and Tigers will square off on baseball's Opening Day. Sabathia and Justin Verlander will start what will be a long, 162-game journey.
Ready or not, here we go. Let there be baseball. Let there be life.


text:
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subset: commoncrawl


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text:
By Shruti Ravi, Rsearch Associate – TAD
Paper presented at panel Policy Analysis of Television Distribution IAMCR, Hyderabad, 16-19 July, 2014
The passing of the Competiton Act brought with it the constitution of the Competition Commission, that took over entirely from the MRTP Commission. Given the dominant role of policy-framer that TRAI had long established itself to be, the areas that the Competition Commission would cut its teeth on were: prohibiting anti-competitive agreements and the abuse of market dominance. It is also charged with regulating combinations , such a mergers , amalgamations and acquisitions through an enquiry process.
As per procedural norm, upon receiving a complaint by the informant party (IP) under s. 19 of the Competition Act, the commission first considers whether there is a prima facie case and then orders investigation into the matter under s. 26 (1) of the act.
The issue of abuse of dominant position and making anti-competitive agreements is determined after the investigations have delineated the relevant market (s. 2 (r), (s), (t) of Act) of the party concerned. Once this demarcation takes place, it is then ascertained whether the party did in fact hold a dominant position in the area and if so whether it is guilty for abusing its position by way of different tactics such as predatory pricing, tie-in arrangements, exclusive supply agreements and many more methods declared to be anti competitive under s. 3 of the Act. This alongside, the company's actions in reaching to such an agreement, its underlying motives as being an abuse of its dominant position, as per s. 4 of the Act is examined.
The case of Dish TV v. Prasar Bharti (2010) is one such example in the field of cable and DTH. Where the informant approached the Competition Commission with the complaint that the opposite party refused to broadcast ads of the informant's DTH services on DD National, on a commercial basis. The informant averred that no other DTH service refused to broadcast a competitor's advertisements, and that nothing in Doordarshan's Advertisement Code should stop these advertisements from being shown on DD National.
The commission addressed the matter by stating that the informant in filing this complaint has taken the relevant market (defining the field where a situation for abuse of dominance may occur) as the viewership market of Prasar Bharti. Furthermore, the order states that the accurate relevant market in this instance should be in terms of advertisement air time and not in terms of viewership of a particular channel.
As the informant had placed no information in front of the commission in establishing its dominant role in selling airtime for the purpose of commercial advertisements, DD National does not appear to be in the dominant role (there are many other FTA channels in addition to paid channels).
Additionally, it was stated, that the informant can't force Prasar Bharti's channel to air its advertisements especially after stating that DD Plus (Prasar Bharti's DTH arm) is the informant's direct competitior. The complaint was summarily dismissed on these grounds.
It is seen from above example, how the idea of a relevant market is an issue that finds itself inside the larger debates about 'abuse of dominance' (Addressed in Section 4 of the Competition Act, 2002)
In another such case, (Jak Communications v. Sun Direct, 2011) the opposite party was accused of having an anti-competitive agreement by way of promising (and implementing) a subscription of a channel bouquet by name 'Tamil Freedom Package' for a sum of Rs 440 for four months and consequently charging its subscribers Rs 99/channel.
This was challenged by an MSO located in South India, as being an abuse of Sun TV's dominant position in the market – Sun was accused of attempting to eliminate all other players in its area of operation by indulging in predatory pricing, charging fees per channel as lesser than what was permitted by the TRAI circular for subscription rates of channels. It was also accused, in doing so, of having an anti-competitive agreement with the consumers that caused foreclosure of competition in the arena. Thus falling under an abrogation of s. 3 (4) and 4 (2) (ii) respectively. Finally, it was also accused of using its dominant position in one market (i.e. broadcasting) to make itself dominant in the DTH sector (S. 4 (2) (e).
As per investigation by the director general (DG), the relevant market of the DTH services offered by Sun Direct came under the geographic market of India, supported by the reasoning that DTH services are seamlessly available anywhere in the country, whereas that of the informant party was shown to only be restricted to South India.
Second, in terms of the relevant product market of the two parties, they were seen to be far from homogenous, having the same conditions and being clearly distinguishable from neighbouring areas of similar products.
To elaborate, it was seen by the DG that DTH services were very different from Cable services that an MSO would offer. In terms of quality of signal transmission, picture quality, gaming and educational services offered as part of package – DTH seemed to ostensibly cover many more areas as compared to the narrow base covered by cable services. By which logic it was stated by the DG that two were separate entities and not interchangeable/substitutable.
Once having culled out the relevant market area, it was easy to prove that there was in fact no abuse of the OP's dominant position. As it was shown that on a national market scale, Sun Direct placed third among the main DTH operators (not most dominant).
It was further stated by the DG that as per the '50% of Non-CAS' system rule for subscription fee of channels, the OP had not been taking a heightened subsidy, that the cost of the Set Top Box was embedded in the installation charges itself and that there was no anti competitive agreement made with the consumers as the consumers were free to shift to any other DTH operator as well, in a field where most DTH operators enjoyed the same levels of record growth and multi-company/field status as each other.
Even though the main order of Jak Communications v. Sun Direct declared the opposite party as not guilty of contravening any of the Competition Act' sections, the dissenting order in the judgment throws much light on why the issue of relevant market is more contentious than what immediately meets the eye.
The dissenting order averred that during determination of the geographical market, it had not been considered that DTH services often divide their channel packages into 'South India' and 'Rest of India', plus, that as per s. 19 (5) (6) and (7) of the Act, it is important to keep in mind the local specification requirement, language of the area concerned.
The four states of South India were taken as being the market for the DTH services of Sun Direct. Following this thread of reasoning, it was seen that the opposite party did in fact have a dominant position in the area that was being abused by way of unexplained low rates/channel, even in the absence of foreclosure of competition from other DTH services, it was shown that other DTH services may begin following the main lead (i.e Sun's) cue and also have prices similar to Sun thus hurting the consumer's interests in terms of choice of packages available. It was also seen as being an anti-competitive agreement akin to an exclusive supply agreement as under s. 3 (4) (b) of the Act.
So, while as per the main order the relevant market has been determined to be pan India and DTH services said to be in its own exclusive terrain, the dissenting order problematizes the idea of what exactly shall constitute as relevant market , while also showing that moving from one relevant market (broadcasting) to another (DTH) in case of Sun also made it liable to be an abuser of its dominant position under S. 4 (2) (e) of the Act.
Supporting the choice of geographic market as state, instead of pan-India based on the peculiarities of the area, choice and preference of the viewer is also something that has been done in other cases based on the outreach/desired effect or lack thereof of the product in question.
In the case of Prasar Bharti v TAM Media (2013), the CCI was probing a complaint filed by the public broadcaster into alleged unfair practices that violated competition norms, re television viewership tracking, by TAM media.
Within the television industry, about 34% of revenue comes from advertisements. Generally, advertisers place their advertisements on various channels based on viewership as measured by TAM. TAM measured viewership in the form of TRP/TVR (television rating points/television viewership ratings). For this purpose, TAM was using the electronic gadget "people meter" connected to TV sets in selected sample households. The CCI said TAM had limited its surveys and viewers measurement only to the larger cities with a population of one lakh or more. According to CCI, the sample size of 8,000 homes in a vast country such as India, with a population of more than 1.20 billion was also minuscule and misleading. "In a country as vast as India with diverse culture, different languages, where the urban population was only 30% and rural population about 70%, not installing people meters in rural areas, prima facie, amounted to restricting use of technology of measuring viewer's choice to the prejudice of customers (in this case Doordarshan)," it said. CCI said that providing people's meter in rural areas amounted to discrimination to Doordarshan and other similar channels, if any, catering to the needs of the rural areas. Prasar Bharati, which runs Doordarshan and All India Radio networks, filed the complaint in November 2012.[1]
To simply state, the CCI's opinion stated that the use of a people's metre that gauges its total viewership on the basis of viewers who watch channels that show highly-rated advertisements, is to ignore the large percentage of people whose viewership does not necessarily focus on channels whose advertisements are about high end luxury goods. And this system of tracking television viewership is unfair to free to air channels such as Doordarshan for instance.
While not explicity mentioned, this order made a case for how the relevant market for the advertising of luxury goods is not all of India, but restricted to the large cities.
To add to confusion though (a quality that seems to be consistent in CCI's orders passed under section 3 and 4 of the Competition Act), this argument was turned on its head in 2012, when in the case of Big CBS Networks & Anr v. Tata Sky Ltd (2012) the relevant market was taken as Pan India when the informant was unable to supply the court with any evidence as to why English channels would not have been watched in certain areas, where the assumption could not simply be made that people residing in rural areas do not watch English channels.
In this case, the complainant had filed a case under s. 19 (a) of the Competition Act, alleging abuse of dominant position in contravention of S. 4 of the Act by the opposite party. The informant stated that the DTH player was charging an exorbitant amount as carriage fee from the informant to broadcast its channels. Where the highest fee being charged by any other DTH operator was Rs 50 lakhs, the opposite party was charging Rs 6 crore per channel with an additional Rs 2 crore worth cross promotion.
The informant defined, 'The informant submitted that the relevant product market in its case was 'service of broadcasting channels through DTH platform'. It was further submitted
that its channels catered to english speaking urban population and therefore, the relevant geographic market was 'the urban market' which included 6 metropolitan cities i.e. Delhi, Mumbai, Chennai, Hyderabad, Kolkatta, Bangalore and other important cities like Chandigarh, Kochi, Goa, Pune, Mangalore and state of Sikkim. Hence, the relevant market, as per the informant's submissions was 'service of broadcasting channels through DTH platform in the urban market i.e. Delhi, Mumbai, Chennai, Hyderabad, Kolkatta, Bangalore and other important cities like Chandigarh, Kochi, Goa, Pune, Mangalore and state of Sikkim'.[2]According to informant's counsel's arguments, OP was having dominance in the above relevant market since OP was most widely used DTH platform in metropolitan and other big cities where viewership of English channels was concentrated.[3]
The plea of the commission was rejected on two counts, where as per the opposite party's market share it was seen that it isn't at the top and does not have a dominant position, it had hold of 18 % of the market. Secondly, the DG stated that as per the informant the channels offered are of the English genre and that the target audience is an English-speaking audience. However, the informant hadn't submitted anything as cogent evidence to this effect to show that English channels are not watched by non-urban populations or are not telecasted in other areas.
As the relevant market here was seen to be all of India, a case for Tata Sky's dominant position (and abuse thereof) in all of India was not possible to be made.
It is also interesting to note that the two divergent opinions seen in the above mentioned cases, when it comes to relevant geographic market (of state or all of India) are seen in policy papers as well. Where the main consultation paper on restricting monopoly and dominance in the cable/DTH area suggest the state (as opposed to country/district etc) as best suited parameter for relevant market and all the companies consulted on the same questions rising out of the consultation paper state the nation as best suited parameter for relevant market.
To briefly expound on the above mentioned: In a TRAI consultation paper released in 2013, socio-economic variations are kept in mind, stating that the pre-dominant customer of the area would have to be of course be someone belonging to the region, and this is what primarily determines supply of such-and-such language channels to the area, cognizance is also taken of some MSOs that work at a regional level (i.e. statewise) and not a national level, keeping in mind that often – monopolies of a player in the State may not be noticed as it might be a very small, almost negligible percentage if seen on a national scale, and that defining relevant market as pan India in such an instance would not serve the purpose.
In a discussion between the state or district (which as being more suitable for taking relevant market), the final opinion in the consultation paper as with the recommendations paper (after eliminating all other options with reasons given) was state.
In surveys conducted with companies relating to the same consultation paper, two out of three of the companies questioned, emphasized on the importance of not restricting the relevant market to state In this day and age – citing examples of MSOs in J & K that could connect with LCOs in Kerala under cable and seamless operation for DTH, thus saying that the relevant market should be taken as the nation (and adding that the starting subscriber base must be that of new technologies in the area, meaning that of DTH, for determination of market shares (outside scope of this essay)).
Furthermore, the rationale for stating that DTH is in its own exclusive product market, removed from that of cable is indirectly questioned as per the case of a consumer filing a petition against Zee Turner and Star Den network, both established content aggregators in their own right – the consumer stated that the planned joint venture by both the content aggregators would lead to a trickle down- control effect where the aggregator would slowly remove competition of MSOs, save the ones' it preferred, leading to an elimination of LCOs save the ones only the MSOs preferred – finally leading to a restrictive narrow base of choices for the consumer.
In this case the relevant product market was shown to be that of 'aggregators and distributors of cable and DTH' in India. While the unique role played by the supply side of aggregators and distributors made it one that could not be substituted and was meeting the requisites as per s. 2 (t) and 19 (7) of the Act (unlike cable and DTH that were said to be interchangeable and substitutable as per this judgment. To quote paragraph 3.8 of the judgment: 'DG has further reported that in the television industry channels can be classified according to genres such as: English New, Hindi News, General Entertainment Channel & Sports etc. and accordingly such channels may be somewhat substitutable within a genre but not between genres for example; a sport channel that broadcast cricket match cannot be substituted for by a Hindi new channel. However, the consumer can switch from different mode of transmission i.e. from cable to DTH. Thus, cable TV and DTH is interchangeable/ substitutable from the consumer side. For the operators of both the distribution platforms, be it MSO or DTH the agreement has to be entered with the aggregator or the broadcaster of channels and there is no other substitute of the service of distribution of channels for them.') and where the use of 'India' as the market was truly justified (the license provided to the aggregators is that of 'India' and their operations are not restricted to any state). In this case, the commission saw the opposite party's joint venture as not being culpable of adversely affecting competition in the relevant market.
Kansan News v. Fastway Transmission
In M/s Kansan News Private Limited v M/s Fastway Transmission Private Limited and Others (Case No. 36/2011), the CCI considered abuse of dominance by a group of enterprises. The CCI noted that all the opposite parties were related enterprises and formed part of the same 'group' in terms of section 5 of the Act. Therefore, the CCI considered the collective market shares and economic resources of the five opposite parties in determining that the opposite parties had abused their dominance. A penalty of 80 million rupees was imposed on the dominant enterprises, which amounted to 6 per cent of their average turnover from 2009–2011.[4] The opposite party had been complained against for abusing their dominant position in the market under S. 4, The Commission, while giving its orders, also directed that the contravening entities should immediately cease and desist from indulging in anti-competitive practices which have the effect of denial of market access. [5]
It should however be noted that the market of the cable MSOs in this case was taken state wise. Even though it is possible for MSOs too, to make the argument of now being geographically agnostic (See: consultation paper where an industry player states 'An LCO in Kashmir can connect with an MSO in Kerala). This order further underscores the confusion and lack of consistency maintained by the Competition Commission when it comes to determining: abuse of dominance, relevant product market and relevant geographical market.
Dish TV v. Hathway & Ors
In an interesting turn of events, the year 2013 saw a case filed against several MSOs by a DTH company. 'The Informant's allegations, inter alia, relate to charging of high carriage and placement fee and under reporting of subscribers by the Opposite Parties, vis.-à-vis. Broadcasters. The Informant contended that the same amounts to abuse of dominance under the provisions of Section 4 of the Competition Act, 2002 (the 'Act').'[1] The Informant submitted that the Opposite Parties in abuse of their position of dominance, were forcing broadcasters to pay high carriage and placement fee for carrying and placing their channels. The payment of such high fees by broadcasters was reducing the Opposite Party's net content cost, vis-a vis competitor's namely DTH operators. By this mode, the MSOs were destroying the level playing field and the DTH operators were unable to compete despite having a more efficient technology and a better quality product.
The Informant alleged violation of the provisions of Section 4(1) read with Section 4(2)(a)(i), 4(2)(c) and 4(2)(b)(i) of the Act. The commission replied stating that the allegations made by the informant are not pertaining to abuse of dominance by any one of the Opposite Parties in a specific geographic region. The Informant has attributed collective dominance to all the Opposite Parties together, in the geographical markets of their operation and collective abuse. Therefore, the court averred that 'collective domiance' can not be read into the Act's Section 4 that speaks of abuse of dominance by a 'group'. The appeal was then summarily dismissed.
This dismissal by the court is however, a curious matter as a TRAI consultation paper rought out on June 3, 2013 on the Monopoly and Market Dominance of MSOs had recommended that the term 'collective dominance' be read into Section 4 after defining relevant market.[2]
Dismissing a matter on the contention of India's Competition Act not recognizing a concept such as 'Collective Dominance' is something the commission stated in the case of Consumer Online Foundation v. Tata Sky & Ors[3] as well. In it the informant had held the opposite parties (consisting of all the DTH players in India) as being guilty of abusing its dominant position in the market, by limiting market access, of having no interoperability in STBs whereas interoperability was mandated by the MIB, of having exclusive dealings with only certain set top box manufacturers, creating a barrier for others in the same sector, of having tie in arrangements where to get DTH service the purchaser must purchase hardware from service provider and of applying restrictive conditions for availing DTH service.
On these counts, the complaint was dismissed by the Director General on counts of technical feasibility (Different compression technologies for transmitted data used by different DTH service providers, so interoperability not feasible) and two, commercial feasibility (DTH industry requires huge investment, therefore need to expand subscriber base to break even, before service providers compete with each other. ). The commission also said that Indian law currently recognizes no concept of 'collective dominance'.
Two (Asianet Satellite, Den Network) of the three companies questioned with the survey conducted post release of the consultation paper on prevention of monopoly and market dominance in the area, state unequivocally that MSOs and DTH are substitutable, being each others competitors. To repeat a point mentioned above, the companies suggest being geographically agnostic by referring to MSOs and LCOs that can connect to each other from remote areas of the country, as well as making reference to DTH operators' seamless operation throughout the country, stating both to be performing the same role merely on different technological platforms.
Whereas the third company (SITI cable) called the matter of relevant market to be a highly technical one, to be taken on a case by case basis, while looking at the characteristics of the product concerned as per s. 19 of the Act.
The main consultation paper and recommendation paper were clear about the heightened competition DTH would be to MSOs (and in many ways, already is) in the following years, admitting to TRAI's stand as cable and DTH both being interchangeable and substitutable unlike that mentioned in JAK communications.
The dissenting order of JAK communications v. Sun Direct (2011) concurs on both counts with the opinions made by TRAI consultation and recommendation papers (released as early as 2013), although the main order of JAK communications is far from this opinion, stating DTH and cable to be two different markets, not to be confused with the other and also using a pan-India argument for relevant geographical market.
While the cogency of the use of JAK communications dissenting order alongside TRAI's consultation and recommendation paper is underscored in this essay, it remains to be seen what route the courts take in forthcoming cases concerning delineation of the relevant market when it comes to DTH services.
Notes & References
[1] http://www.livemint.com/Consumer/3qUi1dXgVoFwmtfbQ23bEP/CCI-probes-Prasar-Bharati-complaint-against-TAM.html <last accessed on 20th June, 2014>
[2] http://www.cci.gov.in/May2011/OrderOfCommission/3620121.pdf, last accessed on 24th July, 2014
[3] Ibid 2.
[4] http://globalcompetitionreview.com/reviews/60/sections/206/chapters/2342/india-abuse-dominance/, last accessed on 20th June
[5] http://www.theworldlawgroup.com/files/file/docs/Vaish%20Antitrust%20and%20Competition%20Bulletin%20July%20to%20Sept%202012%20.pdf, last accessed on 20th June, 2014
[6] http://www.cci.gov.in/May2011/OrderOfCommission/262/782013.pdf, last accessed on 20th June, 2014
[7] http://trai.gov.in/WriteReaddata/ConsultationPaper/Document/C_Paper_Cable_monopoly__3rd%20JuneFINAL.pdf, last accessed on 20th June, 2014
[8] http://altlawforum.org/pedagogy/legal-issues-concerning-competition-in-media/, last accessed on 22nd July, 2014


text:
Girl gangs unite.
If you've ever found yourself stopped on the side of the road in the middle of a longer-than-necessary ride, giggling uncontrollably, trying like hell to swallow some food while the girl next to you just pulled a secret flask out of her jersey pocket, you probably know what Bande De Filles and Machines For Freedom are about. Bonus points if a crew of all-too-serious roadies flies by your pitstop, with a disdainful look. Bonus-bonus points if you pass them up again once back on the road, still smiling.
That amazing, giggly, fast as hell stoke that takes over when women come together on two wheels: that's what we're after. The Athletic and Machines teamed up and bottled that feeling. This limited release features socks from The Athletic, inspired by the Element and Avant jerseys in our Futureisms Collection. The pair features a mismatched style, not meant to be taken too seriously. The best part? These socks are for everyone.
Stay tuned for more socks in the collection releasing this summer!
- Made in Italy. Designed in Portland.
- Mismatched pair.
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What can I say - I love these pretty socks. Adds a pop of color for better visibility, too. High quality fabric.
Got both the Futureisms Diagonal and Striped Cycling socks for a Christmas sock party, both look great. Can't wait to see what the recipient thinks!
Bought two pair. Love the colors! I can match them or mix match them. They are the most comfortable cycling socks I own.
The Futureisms Stripe Cycling sock is amazingly comfortable and breathable, while always being very stylish!
This is my second pair of your socks and I love how they look and fit! Keep making these!
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I'm a blogger and social entrepreneur. Although I call myself a city girl I live in the woods somewhere outside of Toronto.
I can usually be found talking to my cat and looking for snacks.
Let's Be Connected
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The Refugee Council is recruiting Arabic Interpreters. This paid job needs filled URGENTLY. For more information, or to request a registration pack, please call Hannah Pickering on 07342990032, or email email@example.com.
*Permission to work required
Dear Members and Supporters,
Thank you to everyone who responded to Hannah Picking's request for volunteers today. Thanks to us she had all the resources she needed.
Refugee Council recruiting in Hertfordshire
Hertfordshire Syrian Resettlement Project team at the Refugee Council is recruiting a Housing and Administration Officer. For more information, please see here:
Please pass the link to anyone who might be interested!
New Committee Members
We welcome Yasmin Hamid and John White onto the committee. We also continue to welcome a steady stream of new members and supporters.
Latest Progress Update
Here is a recent news release from St Albans Council:
News Release
Homes for Syrian refugees
15 March 2016
Two homes have been found to start the process of bringing Syrian refugee families to the St Albans District.
St Albans City and District Council is committed to taking in around ten refugees a year in each of the next five years.
Network Housing Group (NHG) – a housing association which manages affordable homes - offered the houses for use by the Council.
A rental contract will now be signed with the NHG and repair work carried out. The properties should be ready by the end of this month.
The Home Office - which is running the Government's Syrian refugee scheme – is being kept informed of developments.
Once the United Nations High Commissioner for Refugees identifies suitable Syrian families, they could arrive in the District as early as mid-May.
The Refugee Council has appointed a manager to look after the interests of Syrian refugees in Hertfordshire while the County Council will find school places.
An update on these issues is to be given to a meeting of the Council's Cabinet on Thursday 17 March.
Councillor Brian Ellis, Portfolio Holder for Housing, said: "We are committed as a Council to doing our bit to help with the Syrian refugee crisis.
"Securing suitable homes for refugees was an essential requirement and we have been working hard to achieve this.
"It is excellent news that we have made a breakthrough and found two properties with the help of Network Housing Group.
"This is a very important humanitarian cause and we know that it receives widespread support across the District."
That's it for now!
Best wishes,
Katie and HWSF
Hertfordshire Syrian Resettlement Project team at the Refugee Council is recruiting a Housing and Administration Officer. For more information, please see the Refugee Council's website.
March Update
Dear HWSF members and supporters,
The pace of change is fast now, so sorry, first of all, about this rather huge update!
New committee member
We are delighted that Samah Alrahabi, who spoke to us about the needs of families in the UK for the first time at our 31st January event, will be joining the committee to act as an adviser and link with the Syrian community here.
Latest on refugee arrivals
We have been to a meeting in Stevenage and they are expecting two families within the next three weeks. Exciting news! WE are not yet sure of the timescale for other councils, but think that Watford are close behind Stevenage and that St Albans seem to be aiming for before the end of March.
The Refugee Council worker comes into post tomorrow (1st March) and will be based initially in Stevenage. We have been told that they are meanwhile recruiting two further workers to work across Herts.
HWSF will be meeting with the Refugee Council on the 9th March.
Goods wanted
Stevenage have collated a list of things they will need. Whilst they have money for the basics, it does not cover items like child car seats, TVs and radios. Stevenage Council are looking for donations of money or items from the list, so if you know of anyone in that area who would like to contribute, please can they contact Carrie Southern (email@example.com).
The list can be found at - http://hwsf.weebly.com/goods-needed.html - so take a look. No doubt we will be collecting similar items in each of the local areas in the near future. We haven't forgotten the offers of goods from the How To Help forms - thanks, and we'll contact you if there's a match.
Feedback from 31st January
These were the comments raised at our public event, summarised by Irene.
The need to prepare the community and schools to welcome families
…and, on this subject…
Catherine Henderson is leading on organising volunteer support at district level, and says:
'We will soon be contacting those of you who have expressed an interest in volunteering to support refugee families. Many of you have joined us since we sent out our volunteer form, so if you have not already completed and returned this and would like to be actively involved when the families start to arrive please could you complete the details at the foot of this email.
'Essentially we are looking for people who are interested in working in a befriending capacity, supporting the Refugee Council project worker. This could involve offering lifts, supporting language learning, helping children with homework or simply, and most importantly, becoming friends. We hope volunteers will be able to offer regular, ongoing support as part of a small team. Certain areas are short of volunteers at the moment.
'Alternatively you might want to help raise funds, which could be used to buy household goods, pay for trips out or perhaps fund drop-in centres/conversation clubs/play sessions – we don't yet know what might be needed!
'If you would like to help (and haven't already returned your volunteer form) please send the following information via our Contact Form:
Your name
District Council
Phone number(s)
Any particular skills or experience you could offer, including Arabic, teaching, offering lifts (but, mainly, your time, commitment and friendship).'
We have seen from the forms we have received that a course to prepare people to volunteer as English Language tutorswould be valuable to many of you. We are looking into laying this on in a central Hertfordshire location, and seek a venue – please speak up if you know a good one!
We are also looking to set up a fundraising committee, so let us know if you are able to help us with this. We will need funding for volunteers to cover travel expenses, a possible volunteer training course and additional items for the families.
Two events to mention this time:
Stories always tell us so much more about human experience than dry facts, meaning this should be a wonderful way to deepen understanding of what it is like being a refugee. So, if you can, come to this performance by professional actors giving their time for free at St Andrew's Church, Hertford.
For more details, look here:http://www.hertfordstandrews.co.uk/Groups/214883/Hertford_St_Andrews/Worship_and_Prayer/Peace_and_Justice/Peace_and_Justice.aspx
Best wishes,
Katie and HWSF
January 2020


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While most women enjoy receiving a bouquet of fresh flowers, men along with some women, typically do not. For those in your life who would not be exactly thrilled with a bouquet of roses, you can give them the next best thing, a bouquet of chocolate bars. These chocolate bar bouquets can be customised and personalised for the recipient and you can easily make them at home. With a few supplies and a little creativity, you can give an edible bouquet. Just don't be surprised if it doesn't last much longer than a bouquet of roses.
Select your base. Choose a base for your chocolate bar bouquet, such as a round or curved glass flower vase or a small box. Make sure that the vase is sturdy enough to hold the weight of your chocolate bars.
Select your chocolate bars. Choose from a wide assortment of chocolate bars such as mini chocolate bars, regular sized, and large in order to create some dimension in your bouquet.
Utility knife image by Andris Daugovich from Fotolia.com
Cut your foam. Size a piece of floral foam so that it will fit snugly inside of your base, whether you are using a box or a vase, and then use a utility knife to cut the foam to the appropriate dimensions.
tissue paper image by Christopher Hall from Fotolia.com
Cover your foam. When using a glass vase, wrap your floral foam in tissue paper in the colour of your choice in order to keep the foam from being seen through the glass. Also do this if you are using a box, for a more aesthetically pleasing look.
Place your foam with the tissue paper covering inside of your chosen base.
Arrange your chocolate bars prior to placing them into the foam. Choose the design pattern you want to have them arranged in once they are inside of the vase or box, and then trim the kebab skewers so that the stems are different lengths. Try different patterns, such as smaller chocolate bars in the front, medium in the middle and larger ones in the back, or vice versa.
holiday ribbon image by Richard Seeney from Fotolia.com
Decorate your stems. Take your kebab skewers and decorate them prior to gluing them to your chocolate bars. Paint them in the colour of your choice, wrap them with ribbon or fabric, or tie ribbons on them.
bottle of glue on black marble image by phizics from Fotolia.com
Place a small dab of glue onto the backs of your wrapped chocolate bars. Firmly adhere a wooden kebab skewer onto the area with the glue and hold until the glue has set. Continue until all of your chocolate bars have skewers attached onto the backs of them.
Stick your chocolate bar flowers into the foam according to your chosen design pattern.
Tie a ribbon in the colour of your choice around the glass vase or box for added decoration.


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Aug 18, 2011 | posted in Blog by seedlingprojects
Current Project: Good Food Awards 2012
We are working tirelessly on securing as many entrants for the second year of the Good Food Awards (http://www.goodfoodawards.org/). The entry deadline is September 1st and we are hoping to surpass the 780 entries from our first year. The more states represented, the better! This year we have expanded to eight categories: cheese, beer, coffee, charcuterie, chocolate, spirits, pickles, and preserves. Stay tuned for more updates once the entries are finalized.


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Minnesota's Farmhouse Market Sees Future of Retailing
NEW PRAGUE, Minn. — Could the future of convenience and grocery retailing exist without cashiers? That's what Farmhouse Market has set to find out.
The completely staffless, round-the-clock, self-checkout grocery store opened in 2015, and is open 24 hours a day, seven days a week to members through the use of keycard entry and is open limited hours to the public, according to Farmhouse Market's website.
Farmhouse Market opened on the premise of serving a community with specific needs, including open odd hours, convenient access to local and organic foods, and commuters coming in from long distances, according to Tech Insider. The owners ultimately decided the best setup for the store would combine tech and a small-town community building.
"Just because we're not there every time we shop, it's not as anonymous as people might think," Kendra Rasmusson, co-owner and operator, told the news outlet.
For $100 a year, registered members have access 24 hours a day, seven days a week with use of a keycard and pay for their goods via a self-checkout counter. The store owners can see when members access the store via camera and see what they buy. They say this situation is less about shoplifting and more an opportunity to have a transparent discussion with their members.
Rasmusson said she and her husband, the store's other co-owner and operator, gain valuable feedback from people who don't check out (e.g. the item they wanted wasn't in stock, so they'll get it next time, or if they forgot to pay for an item or two, the store will keep the customer's tab open).
"People are stealing from grocery stores that are manned by 20-plus people every day," she add. "Our goal is just to keep that risk to the same level as them. We're on the same page as our members. We're not a big company trying to make a ton of money."
For the non-member public, the store is staffed nine hours a week on Tuesdays from 12 p.m.–3 p.m., Thursdays from 3 p.m.–6 p.m., and Saturdays from 9 a.m.–noon.
Could this radical pioneering work in big cities where there's far more competition? Carolyn Dimitri, director of New York University's food studies doctorate program says it'd be tough, seeing as unmanned store models seem to work in small towns because people know each other.
"In economics, they call this a 'bond,'" she said. "If you broke the law, you'd break the bond. So here the bond is your reputation and you want to maintain that. So therefore you'll behave honestly."
However, she doesn't dismiss the idea totally. "It would work where there was a demand for this kind of food, but there wasn't much supply. Also, when you can match consumer values with the store you'll get very loyal customers," Dimitri told Tech Insider.


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Located in Orlando, Florida, Valencia College is fully accredited by the Southern Association of Colleges and Schools and was named the best community college in the nation as the inaugural winner of the Aspen Prize for Community College Excellence. As a community college, Valencia primarily offers two-year associate degrees, which transfer to university bachelor's programs. Compared to a Florida public university, the level of education at Valencia is just the same, but the tuition is 40% less, the class sizes are typically smaller and there are more support resources.With more than 100 countries represented on its campuses, Valencia welcomes students from all over the world. The college's dedicated International Student Services team can assist you with everything from admissions and immigration to academic advising and university transfer .
The Valencia Difference Valencia College is recognized as one of the best colleges in the nation, receiving the inaugural Aspen Prize for Community College Excellence in honor of our achievements in academics and student experience. At Valencia, students get a top-notch education at a price that they can afford. We offer the same curriculum and courses as a state university, at half the cost. With smaller campuses and classes, Valencia offers its students more support along the way. You will have flexibility to take classes days, nights, or weekends on any of our five campuses or online. On top of that, Flex Start courses are beginning all of the time! When you're finished at Valencia College, you will be ready to go straight into a high-skill, high-wage job, or transfer to a four-year university with two years of transferable credits and guaranteed admission.
At Valencia, students can choose from dozens of groups, clubs, and organizations. Students can join clubs for a variety of interest areas including movies, books, art, nature, and careers, as well as get involved in student government and volunteer organizations. Intramural sports and campus fitness centers are also available for aspiring athletes and those who just want to stay in shape.
Student life at Valencia goes well beyond the classroom. Throughout the year, the campuses come alive with cultural performances, art exhibits, film festivals, concerts, guest speakers, rallies, and dozens of clubs and organizations. Valencia has even been a tour stop for U.S. presidents, including Barack Obama. In addition, International Student Services hosts special events, from immigration and employment workshops to cultural events, where you can meet other international students.
Local theme parks, year-round sunshine, and Florida beaches have made Orlando a popular vacation destination and a great place to live. In addition to the entertainment of nearby theme parks, shopping, and restaurants, Valencia students can enjoy downtown Orlando's unique art and music venues. Sports fans can enjoy UCF Knights athletics, go to an Orlando City Soccer game or catch a Magic basketball game at the spectacular Amway arena located nearby.
Even prior to becoming a Valencia Student, ISS is here for you. The friendly staff can assist with the admissions process, documentation, academic advising, and other individual needs. Furthermore, ISS provides immigration sessions and workshops to new and returning international students.
You can also join Valencia's Facebook group for international students to connect with ISS staff, as well as other students to ask questions and get updates.
The Student Success Course is a great elective for new students seeking to gain some college survival skills. You will develop techniques for studying, time management, test taking, setting educational and career goals, and using the numerous Valencia resources at your disposal.
There are libraries located on each of Valencia's five campuses, each offering a wide variety of educational resources including books, periodicals, eBooks and multimedia resources. The libraries provide students with computer workstations for accessing the Internet as well as over 140 online databases and journals. Librarians and library staff are always available to help you with research, documentation and all of the technology available at Valencia's libraries.
Valencia also offers free on-campus Wi-Fi and computer labs allowing access to a host of online services. As a Valencia student, you will be able to have your own Atlas account where you can check email, register for classes, access admissions, and financial records, and connect to educational and career planning resources.
Free tutoring is available within all subject areas upon request. Both one-on-one and group tutoring is available so that you can get the academic assistance that you need, regardless of your learning style or program of study. Some subjects such as math, reading, and writing, are available on all campuses, while others are campus specific.
Valencia College provides an Intensive English Program for students 15 years old and above. We accept students at all language levels from beginner to advanced. Students interested in a degree at Valencia who need to improve their English can start with the Intensive English Program and then transfer into a Valencia degree seeking program. The program is accredited by the Commission on English Language Program Accreditation (CEA) which is recognized by the U.S. Secretary of Education as a national accrediting agency for English Language Programs and institutions in the U.S. Achieving accreditation through the CEA requires meeting certain standards. Accreditation is not an easy process, and CEA-accredited programs that are among the best, not only in the U.S. but worldwide.
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JMC Junior Named 2017 PRSA Cleveland Student of the Year
Latisha Ellison, public relations student in the Kent State School of Journalism and Communication (JMC) has been named the 2017 PRSA Cleveland Student of the Year.
The award is given to one outstanding public relations student annually by PRSA chapters.
"Latisha is a standout student in the public relations program in the School of Journalism and Mass Communication at Kent State. She excels inside and outside the classroom," said Michele Ewing, APR, associate professor in JMC.
Ellison is a junior at Kent State and is originally from Butler, Penn., where she graduated from Butler Area Senior High School.
She is heavily involved at Kent State as the YouToo Social Media Conference Chairperson for PRSSA Kent. She is also a participant of PRSSA's Bateman Case Study Competition and works for Flash Communications, part of the university's marketing and communications department, on campus. This past fall, Ellison spent the semester studying abroad in Florence, Italy.
"I am so honored and excited to have received this award from PRSA Cleveland. PRSSA Kent has been such a big part of my college career, and I have such a passion for our Chapter, so to be recognized for that is incredible," Ellison said.
With the award, Ellison has earned a $2,500 scholarship plus the opportunity to interview for a potential internship with the Great Lakes Science Center, Falls Communications, Fahlgren Mortine or Prosper for Purpose.
"I am extremely thankful for the numerous opportunities PR Kent has provided, and I'm looking forward to growing my relationship with PRSA Cleveland," she said.
JMC faculty, staff and students enjoy working with Ellison, Ewing said, noting her leadership skills, can-do attitude, and contagious positive energy.
"We appreciate PRSA Cleveland recognizing Latisha's accomplishments – she's a rising star in the public relations field," she said.


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Oh how I've missed my nature walks! I spent a few hours of much need solitude on the trails a couple days ago, just me and my gear surrounded by the serenity of nature. Seriously though, I've missed this so bad. I'm glad I have some free time to get back to my happy routine of hiking, photography and blogging.
You might've already seen this outfit if you follow me on instagram, and I knowwww you alll do, so you'll know this dress is from H&M. Don't you just love these highlighter yellow socks?! I got them at Target for like $2. I feel like I've been haunting the socks and hosiery aisle there lately lol...just looming around waiting for them to put out new sock patterns ha ha. Lesson of the day; you can never have too many socks.


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The mission of the Descartes Global User Group is to provide an opportunity for users of Descartes solutions to learn more about Descartes products, network with other customers to share best practices, and give feedback on future product direction.
Membership Composition
General Membership
Employees of Descartes' customers who are users of, or otherwise interact with, Descartes' products or services are eligible for General Membership. As a member you will receive periodic communications from Descartes and/or the Steering Committee regarding Global User Group initiatives and Descartes products and services. Many of these communications promote forums where you can network with other users and learn from their experiences and/or provide feedback to Descartes.
Steering Committee
The Steering Committee is a subset of the General Membership. The Steering Committee acts as a communication liaison between Descartes and the General Membership and guides Descartes in planning and administering events for the General Membership. Areas of responsibility include:
- Agenda and event planning for User Group Conferences;
- Solicitation of feedback from General Membership;
- Communication with Descartes development staff on feature or functionality feedback from General Membership on Descartes products and services;
- Contact point for Descartes on select communications prior to distribution to General Membership;
- Development of Steering Committee policies and procedures for meetings and membership;
- Selection of additional General Members to serve as "Appointed" Steering Committee Members if required.
If you are a customer that would like to join Descartes Global User Group, please contact email@example.com.