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The Unreasonableness Of Coerced Cooperation: A Comment Upon The Ncaa Decision's Rejection Of The Chicago School, James F. Ponsoldt Jan 1986

The Unreasonableness Of Coerced Cooperation: A Comment Upon The Ncaa Decision's Rejection Of The Chicago School, James F. Ponsoldt

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The Supreme Court's decision in the NCAA case, upholding that the NCAA's mandatory rules controlling the exclusive sale of television rights to intercollegiate football violate section 1 of the Sherman Antitrust Act, is important for several reasons. First, it is among but a few decisions to hold that a restraint of trade although no per se illegal is economically unreasonable under the rule of reason. Second, its implied questions about the goals and relevance of antitrust enforcement coincide with questions about the governmental regulation of business now addressed in law reviews, editorial pages, and by congressional committees. Last, it may …