Wilmington, Delaware - The ATP and the German tennis federation square off in an American law court starting Monday in a suit which could change the way tennis business is done. American lawyers for the German side will argue in front of a jury that the ATP operates as a monopoly and has created an anti-competitive marketplace through planned calendar shake-ups for next season which adversely affect the Hamburg Masters.
At stake in an action worth more than 75 million dollars is the issue of whether a sanctioning body has the right to draw up a schedule over the objection of members.
Negotiations to settle before a court date have failed, according to both sides.
The Hamburg tournament, through the federation (DTB) is claiming that by downgrading the event - a favourite of Roger Federer - from elite Masters status is detrimental to their interests.
Under plans set to being in January, Hamburg will move from its traditional early May week into late July, a decision which the Germans say effectively kills marketing options and prevents the federation from earning a decent return on their investment.
The Germans also argue that their Masters contract is unlimited and can not simply be cancelled by the ATP.
ATP lawyers say their case is the stronger, with the day in court surely a strong pointer as to the fate of controversial ATP supremo Etienne de Villiers, architect of the dramatic shake-up.
Should Hamburg win in a Delaware court - the former tournament director of the Indianapolis event is lead attorney for the Germans - defeat could sink the ATP financially after already spending around seven million dollars in legal fees.
The Hamburg law firm served as a courtside sponsor at this week's Indianapolis ATP event - the same tournament which unsuccessfully sued the ATP in 2003 for moving it's date from a prime North American spot in mid-August close to the start of the US Open into July, making it hard to attract Europeans to the player field.
Opinion is out as to which side has the upper edge, with both sticking to their opinions.
'We remain very confident of our position with regards to the Hamburg anti-trust law suit," read an ATP statement.
"That litigation remains ongoing and will be heard in Delaware in July. We have made clear that an opportunity in 2009 has been reserved for Hamburg should they want it."
