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Antitrust and Trade Regulation
Antitrust Law; Labor Law; Sports Law; Nonstatutory Labor Exemption; Collective Bargaining; Ohio State; NCAA; football; NWSL; Portland Thorns; soccer; Professional Sports; Mandatory Subjects of Bargaining; Rule of Reason; Clarett v. NFL; Moultrie v. National Women’s Soccer League; Mackey v. National Football League; Brown v. Pro Football
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Full-Text Articles in Civil Law
Clarett, Moultrie, And Applying The Nonstatutory Labor Exemption To Professional Sports’ Draft Eligibility Rules, Mathew Santoyo
Clarett, Moultrie, And Applying The Nonstatutory Labor Exemption To Professional Sports’ Draft Eligibility Rules, Mathew Santoyo
Brooklyn Law Review
Collective bargaining is the mechanism by which major sports leagues and their players unions have negotiated the terms and conditions of employment for many decades. One standard provision of these collective bargaining agreements is a draft eligibility rule governing the conditions by which prospective athletes are eligible for the league’s entry draft. These collective bargaining agreements exists at the intersection of two somewhat discordant areas of law: antitrust and labor law. Under antitrust law, Congress enacted a policy favoring competition and prohibiting unreasonable restraints on trade. On the other hand, under labor law, Congress enacted a policy favoring collective bargaining. …