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Entertainment, Arts, and Sports Law Commons™

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Antitrust and Trade Regulation

2002

Articles 1 - 6 of 6

Full-Text Articles in Entertainment, Arts, and Sports Law

Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman Jun 2002

Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman

University of Michigan Journal of Law Reform

This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …

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Eldred V. Ashcroft And Why The U.S. Supreme Court Should Reject, Roger P. Foley Jan 2002

Eldred V. Ashcroft And Why The U.S. Supreme Court Should Reject, Roger P. Foley

Roger P. Foley

Among the most important issues facing the entertainment industry today is the scope and level of protections available to the industry for its works. Chief amongst those protections are the federal copyright laws. These laws are now under considerable scrutiny as the United States Supreme Court decides whether or not to strike down as unconstitutional a major extension of the terms of protection provided for in those laws. As will be discussed, it is by no means accepted truth that the extension of the term of protections of the copyright laws is beneficial for the entertainment industry or even for …

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Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross Jan 2002

Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross

Journal Articles

The hallmark of an antitrust violation is an agreement which has the effect of raising price, lowering output, or rendering output unresponsive to consumer demand. Owners of clubs comprising Major League Baseball, the National Football League, the National Basketball Association, and the National Hockey League engage in a variety of exploitative activities that consumers cannot avoid by substituting rival products. The purpose of this Article is to analyze specific areas where these monopoly sports leagues harm a variety of groups, through the maintenance of a monopolistic structure that precludes competitive entry, or through specific restraints that have demonstrable anticompetitive effects. …

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Save Amateur Sports: Protection From Liability Under The Amateur Sports Act In Eleven Line V. North Texas Soccer Ass'n, Konstantinos Yiannopoulos Jan 2002

Save Amateur Sports: Protection From Liability Under The Amateur Sports Act In Eleven Line V. North Texas Soccer Ass'n, Konstantinos Yiannopoulos

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick Jan 2002

The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the recording industry's cooperative advertising programs do not run afoul of federal antitrust laws and, in fact, promote interbrand competition. It examines the implications of the cooperative advertising programs adopted by record companies in light of current federal antitrust law. Contrary to claims made by the FTC, the recording industry's actions can withstand antitrust scrutiny because Minimum Advertised Pricing ("MAP") policies serve pro-competitive business purposes. As will be discussed in further detail below, the recording industry has a legitimate interest in pursuing policies that help traditional music retailers stay in business in the face of crippling …

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