A proper analysis of the national football League under section one of the Sherman act

The National Football League ("NFL") has often attempted to avoid antitrust liability by asserting that the league constitutes a single entity, incapable of illegal collusion for purposes of section 1 of the Sherman Act. Viewed properly, the NFL and its member-teams are a single entity with respect to matters of non-labor policy-not only do the league and its teams share a unity of interest, but the economic realities of professional football necessitate that the league and its teams be considered a single economic unit. However, most courts to consider the NFL's single entity defense have rejected the league's argument. These courts have improperly focused their analysis on trivial aspects of the NFL's league structure, while marginalizing the more relevant factors to be considered under the Supreme Court's decision in Copperweld. Recently, the district court in American Needle diverged from these erroneous precedents, instead holding that the NFL is a single entity with respect to licensing of league trademarks. While American Needle represents a significant advance in NFL single entity jurisprudence, the opinion may nevertheless prove to be of limited precedential value. This article concludes that future courts considering the issue should follow the approach taken in American Needle, and find that the NFL is a single entity with respect to league nonlabor policy.
Keywords No keywords specified (fix it)
Categories No categories specified
(categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index Translate to english
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 22,734
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

3 ( #658,871 of 1,937,449 )

Recent downloads (6 months)


How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.