Tuesday, January 12, 2010

the intersection of law and sports



the supreme court will be hearing oral arguments tomorrow on a very important case as to whether the nfl is one business or an ensemble of 32 teams operating in concert. if it is 32 businesses operating in concert, then the entire league could be subjected to anti-trust laws. the nfl is seeking complete anti-trust exemption, a la major league baseball (to date the only american sport with such an exemption).

for a great synopsis of the case, read this associated press article.
money quote:
American Needle sued the league and Reebok in 2004, claiming the deal violated antitrust law. Lower courts threw out the suit, holding that nothing in antitrust law prohibits NFL teams from cooperating on apparel licensing so the league can compete against other forms of entertainment.

But in what sports fans would call "running up the score," the NFL is asking the Supreme Court to review the case in hopes of getting a blanket antitrust exemption that could eliminate most, if not all, the antitrust suits against the league.

"It was an odd request - similar to my asking an official to review an 80-yard pass of mine that the official had already ruled a touchdown," New Orleans Saints quarterback Drew Brees wrote in The Washington Post. Brees serves on the executive committee of the NFL Players Association.


UPDATE (1/13/10):
supreme court justices seem skeptical of nfl's arguments

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