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Wednesday, January 13, 2010
Review of the American Needle Oral Argument

Lyle Denniston over at the fantastic SCOTUSblog has posted a recap of this morning's oral argument in American Needle v. NFL. By this account, it sounds like the Court was generally skeptical of the NFL's case.

A transcript of the oral argument should be available later this afternoon.

Update (12:40pm): The Associated Press has also posted a short recap of the argument, agreeing that the Court generally seemed unwilling to extend the NFL single entity status.

Update (3:15pm): Two more recaps of this morning's oral argument are now available. Like the earlier recaps, Reuters reports that the Court appeared unlikely to rule in favor of the NFL. However, Zach Lowe at AmLawDaily suggests that the Court may be inclined to adopt something along the lines of the case-by-case approach advocated by the Solicitor General.

Update (4:00pm): The transcript from this morning's oral argument is now available.


Justice Breyer nailed the critical piece of analysis missing from American Needle's argument: the real competition is at the league level, not the team level. If Reebok raises the price of a Redskins hat by $10 over the course of five years, I'll buy a Nats hat for $20. I wouldn't wear a Cowboys hat if it was free.

Anonymous Anonymous -- 1/13/2010 5:39 PM  

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