Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

The Nba And The Single Entity Defense: A Better Case?, Michael A. Mccann Apr 2010

The Nba And The Single Entity Defense: A Better Case?, Michael A. Mccann

Law Faculty Scholarship

This Article will explore the relationship between the National Basketball Association, its independently-owned teams, and associated corporate entities, including the Women’s NBA, NBA Properties, NBA Developmental League, NBA China, and single entity analysis under section 1 of the Sherman Act. Section 1 chiefly aims to prevent competitors from combining their economic power in ways that unduly impair competition or harm consumers, be it in terms of raised prices, diminished quality, or limited choices. Single entities are exempt from section 1 because they are considered “one,” rather than competitors, and thus their collaboration does not implicate anticompetitive concerns.

In American ...


Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann Jan 2010

Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann

Law Faculty Scholarship

This Essay examines U.S. Supreme Court Justice Sonia Sotomayor’s important role in shaping U.S. sports law. As a judge on the U.S. District Court for the Southern District of New York and later on the U.S. Court of Appeals for the Second Circuit, Sotomayor authored opinions that resolved two major sports law disputes: whether Major League Baseball (“MLB”) owners could unilaterally impose new labor conditions on MLB players during the 1994 baseball strike and whether Ohio State University sophomore Maurice Clarett was obligated to wait three years from the completion of high school to become ...


American Needle V. Nfl: An Opportunity To Reshape Sports Law, Michael Mccann Jan 2010

American Needle V. Nfl: An Opportunity To Reshape Sports Law, Michael Mccann

Law Faculty Scholarship

This Feature will explore American Needle, Inc. v. NFL and its potential impact on professional sports in the United States. In August 2008, the United States Court of Appeals for the Seventh Circuit held that the National Football League (NFL) and its teams operate as a “single entity” for purposes of apparel sales. Because a single entity cannot conspire with itself, it cannot violate Section 1 of the Sherman Act, which prohibits concerted action that unreasonably restrains trade. The U.S. Supreme Court recently granted a writ of certiorari and will review American Needle in its 2009-2010 Term. As this ...


The Method And Role Of Comparative Law, Edward J. Eberle Jan 2009

The Method And Role Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Limit Pricing And Predation In The Antitrust Laws: Economic And Legal Aspects, Harold See, William D. Gunther Jan 1984

Limit Pricing And Predation In The Antitrust Laws: Economic And Legal Aspects, Harold See, William D. Gunther

Law Faculty Scholarship

The overwhelming view in the economic literature is that limit pricing, the practice of establishing a non-profit-maximizing price with the intention of deterring entry of others into the market, either does not make economic sense or, in any event, does not have anticompetitive effects. This article will take a systematic look at the legal status of the limit price doctrine and propose its proper role.