Tuesday, May 17, 2011

The Anti-Trust League

My favorite line from the most recent 8th Circuit ruling is this part of the dissent:


The NFL also argues, in the absence of a stay, its clubs will be required to "produce their inherently joint and collective product," which in turn will subject the League to further antitrust claims by the Players. Each of these arguments is questionable given the current juncture of affairs. The preliminary injunction does not dictate the NFL's free agency rules, or any other conduct in general, outside of the lockout. Moreover, the fact the NFL must comply with the law, i.e., the Sherman Act, does not constitute irreparable harm — it is the absolute minimum that could be expected of the League.

Yes, negotiating leverage is important in this labor dispute. But doesn't this suggest that lifting the lockout is much more about the NFLPA gaining leverage (at the expense of the league) but about the league being at risk of violating anti-trust law if it has to re-start operations?

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