Sports Law Blog
All things legal relating
to the sports world...
Monday, January 11, 2010
Even more on American Needle

For even more on American Needle, I have a column up on the Huffington Post discussing some of the common misconceptions surrounding the case.

Here's an excerpt:

This case is a lottery ticket for the NFL. If they win, it could be a significant victory....If the NFL loses, nothing really changes. The issue before the Supreme Court is not whether the NFL's exclusive licensing arrangement is legal under the antitrust laws. The issue is whether the licensing arrangement should even be subject to scrutiny under the antitrust laws. If the NFL wins, they escape Section 1 scrutiny. If the NFL loses, their arrangement will then be analyzed under the rule of reason, where a court will weigh the pro-competitive benefits of the agreement versus its anticompetitive effects.

There is no reason to believe that the Supreme Court's rejection of the single entity argument makes it any more (or less) likely that American Needle would prevail in the underlying antitrust case (or that a suit against the NFL's exclusive deal with EA would be successful). Rather, it only subjects the NFL to the same antitrust scrutiny they have been subjected to for the last 50 years. American Needle could win the underlying case, but only if it could prove that the anticompetitive effects of the NFL's exclusive apparel licensing deal outweighed its pro-competitive benefits.



Good post. Here's something that has not been discussed very much in the commentaries on the case. Couldn't can argue that if the NFL wins the case and is declared a single entity in all its operations, Congress could (and likely would) pass a statute overruling the decision? Even if it does not take such action, wouldn't the NFL, much like baseball is with its antitrust exemption, be the mercy of Congress? So, say, Congress has hearings about the NFL's drug testing program, couldn't it threatened the league with such legislation?

Blogger Mark Conrad -- 1/11/2010 10:12 PM  

There was this guy who believed very much in true love and decided to take his time to wait for his right girl to appear.
nike shox nz shoes
cheap nike shox nz shoes
nike shoxs
Chaussures puma
wholesale nike shox nz shoes
cheap ugg boots
nike womens shoes
hommes nike chaussures
femmes nike
mens puma shoes
hommes puma chaussures
femmes puma chaussures
Nike Air Max 360 chaussures
Nike Air Max 90 Chaussures
Nike Air Max 95 Chaussures
Nike Air Max Ltd Chaussures
nike shox
Nike Max Tn Chaussures
nike 360 air max
nike running shoes
NIKE air shoes
nike shox nz shoes online store
nike air max
Nike Air TN Spider Chaussures
Nike Max Plata Chaussures
Nike R4 Plating Chaussures
Nike Shox Rival Velcro
Nike Shox Deliver Chaussures
Nike Shox Classic Chaussures
Nike NZ Plating Chaussures
wholesale nike shoes
nike shox torch
sneakers shoes
Nike Tn
discount nike shoes
nike shox r4
tn dollar
cheap nike shoes
nike tennis shoes
cheap nike shox
free shipping shoes
Paypal Credit card Accept
nike shoes
nike discount shoes
cheap puma shoes
nike shox shoes
chaussures nike
nike free shoes
buy shoes online
You may painfully regret, only to realise that it is too late.

Blogger baobao -- 1/12/2010 2:23 AM  

Post a Comment