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Dagher, American Needle, And The Evolving Antitrust Theory Of The Firm: What Will Become Of Section 1?, Christopher L. Sagers
Dagher, American Needle, And The Evolving Antitrust Theory Of The Firm: What Will Become Of Section 1?, Christopher L. Sagers
Law Faculty Articles and Essays
This summer, on the last regularly scheduled sitting of its October 2008 Term, the Supreme Court granted certiorari in a case that could have far-reaching consequences throughout the law of Sherman Act Section 1. In the case under review, American Needle, Inc. v. NFL, the Seventh Circuit, by unanimous panel decision, entered a striking ruling in the long-running debate over whether professional sports leagues can be “single entities” under Copperweld. The court not only said yes, but did so in what is possibly the most likely context in which the member teams could have competed with one another - the …
Competition Come Full Circle? Pending Legislation To Repeal The U.S. Railroad Exemption, Christopher L. Sagers
Competition Come Full Circle? Pending Legislation To Repeal The U.S. Railroad Exemption, Christopher L. Sagers
Law Faculty Articles and Essays
Repeal of the railroad antitrust exemptions has been advocated ever since deregulation of that industry, and bills have been introduced twice to do it. However, there is no particular reason yet to believe railroad exemption repeal will occur in this Congress. The pending bills have not progressed far and have failed before, and they are opposed by the industry. But even if they progress, and assuming there is not also some significant change to the overall railroad regulatory framework, it seems unlikely that antitrust litigation will be very successful or that it will much change the status quo in rail …