Supreme Court overturns NFL antitrust protection

[Big John]

http://www.suntimes.com/sports/football/23...-law-24.article

 

Unanimous decision that the NFL exclusive contract with Reebok for apparel violates anti-trust laws.

 

Unclear if this would apply to other areas of the NFL.

[electricrelish]

Wow. I wonder if this could be extended to video games so somebody besides EA could make the games again.

[piratesownninjas]

Wow. I wonder if this could be extended to video games so somebody besides EA could make the games again.

NFL2k10

[tazinib1]

Stand by for the crappy jersey's made in China/Mexico/Thailand/Korea/Puddy's House to start hitting the market.

[Savage Beatings]

Wonder if this will have any impact on the Williams Wall case?

[G.K.Trey]

Wonder if this will have any impact on the Williams Wall case?

Can't see how, they didn't overturn the drug policy or CBA.

[Savage Beatings]

Can't see how, they didn't overturn the drug policy or CBA.

 

Yes but one of the issues in the Williams case is whether the NFL is a single entity or made up of multiple independent employers... I just thought that perhaps this would be germane. Maybe not.

[SeductiveNun]

Yes but one of the issues in the Williams case is whether the NFL is a single entity or made up of multiple independent employers... I just thought that perhaps this would be germane. Maybe not.

:SheriffBufordT.Justice:The God-da** German's ain't got nothing to do with this!:SheriffBufordT.Justice:

[Savage Beatings]

Wonder if this will have any impact on the Williams Wall case?

 

Can't see how, they didn't overturn the drug policy or CBA.

 

Yes but one of the issues in the Williams case is whether the NFL is a single entity or made up of multiple independent employers... I just thought that perhaps this would be germane. Maybe not.

 

American Needle case will have a huge impact on collective bargaining.

 

American Needle case will have a huge impact on collective bargaining

Posted by Mike Florio on May 27, 2010 8:35 AM ET

In connection with Monday's decision from the U.S. Supreme Court in the American Needle case, the league and the NFLPA have assumed dramatically different positions regarding the relevance of the ruling to the collective bargaining process. The union regards the American Needle outcome as a victory -- and the league thinks it's irrelevant.

 

On Tuesday, Commissioner Roger Goodell echoed that point. "I've never bought that," Goodell said regarding the connection between American Needle and the labor discussions. "I've said before our labor issues are going to get addressed in collective bargaining and that's where they should get addressed. I've never felt that this had any impact on our collective bargaining process. What we have to do there is sit down at the table, address our issues and get it resolved. We will have a labor agreement and it will be done through collective bargaining and not through the courts."

 

But the courts can lead to collective bargaining. After the failed strike of 1987, the NFLPA decertified, making it a collection of individual players. Then, when the 28 (at the time) franchises tried to apply uniform rules to the individual players, a collection of them led by the late Reggie White sued the league for violating the antitrust laws.

 

The NFL's silver-bullet defense came from the concept that the league isn't 28 competing businesses but a single entity. Before any of the key issues were resolved, the antitrust lawsuit was resolved -- and the settlement agreement became the Collective Bargaining Agreement that still falls under the auspices of the Minnesota federal court where the case was first filed.

 

The outcome of American Needle takes the single entity defense off the table, necessarily giving the union more power and leverage in connection with any antitrust case that may be filed. (If the NFL had won American Needle, the converse would be true.) As a result, the NFLPA retains the ability to pursue once again the nuclear option of decertifying and suing under the antitrust laws.

 

But there's still hope for the league in this regard. Portions of the American Needle opinion suggest that an effort to preserve competitive balance via free agency rules and an incoming player draft would not run afoul of the law. The problem for the league is that no easy answer would come; instead, the league's position would be vindicated only after months if not years of litigation.

 

That's precisely what happened a generation ago. As football continued to be played, the league and the union duked it out in court, eventually settling their differences and negotiating a labor deal. And that could be what happens this time around -- football games will be played, and the parties will fight it out in court, eventually reaching either a judgment in favor of one side or the other or a negotiated resolution.

 

The primary difference in 2010 is that the rise of the Internet will result in much more attention being focused on the legal maneuverings. But there's still no reason to believe that football will go away for an extended period of time -- if at all -- after the CBA expires in March of next year.

[billay]

To be clear, the case did NOT rule that the NFL had violated antitrust laws. The case ruled that the NFL's granting of an exclusive, league wide license to Rebook was not exempt from Anti trust scrutiny, The case was remanded for further proceedings.

 

When the lower court hears the case again, then that court will decide whether or not the NFL has violated Anti-Trust laws.