Section 325.80  Anti-Competitive Practices

a)         No licensee shall engage in any anti-competitive practices in the process of contracting for the right to receive or send any interstate simulcast signal or wagering on such signal.  For the purpose of this Part, anti-competitive practices shall include, but not be limited to:

1)         any agreement to pay excessive or unreasonable fees for the right to receive an interstate signal.  In determining whether a fee is excessive or unreasonable, the Board shall consider prevailing rates paid for comparable signals in the past, and whether any commonality of ownership or revenue sharing exists, partially or wholly, between the Illinois licensee and the entity receiving the fees; or

2)         any agreement, combination, trust or joint enterprise with any other track or entity in which multiple interstate signals are bundled together for the purpose of securing an excessive or unreasonable fee for one or more signals in the group in exchange for the right to receive any of the signals in the group; or 

3)         any other activity designed to artificially inflate prices beyond reasonable market rates.

b)         Licensees in violation of this Part shall be subject to civil penalties up to $10,000 per occurrence and/or license suspension or revocation.

(Source:  Added at 35 Ill. Reg. 522, effective January 1, 2011)