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Antitrust implications of American Needle v. NFL : hearing before the Subcommittee on Courts and Competition Policy of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, second session, January 20, 2010.
Book Synopsis Antitrust Implications of American Needle V. NFL by : United States. Congress
Download or read book Antitrust Implications of American Needle V. NFL written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-12-30 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust implications of American Needle v. NFL : hearing before the Subcommittee on Courts and Competition Policy of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, second session, January 20, 2010.
Antitrust implications of American Needle v. NFL: hearing before the Subcommittee on Courts and Competition Policy of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, second session, January 20, 2010.
Book Synopsis Antitrust Implications of American Needle V. NFL by : United States House of Representatives
Download or read book Antitrust Implications of American Needle V. NFL written by United States House of Representatives and published by . This book was released on 2019-09-22 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust implications of American Needle v. NFL: hearing before the Subcommittee on Courts and Competition Policy of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, second session, January 20, 2010.
Book Synopsis Antitrust Implications of American Needle V. NFL by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy
Download or read book Antitrust Implications of American Needle V. NFL written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy and published by . This book was released on 2010 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Antitrust Implications of American Needle V. NFL :. by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy
Download or read book Antitrust Implications of American Needle V. NFL :. written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Antitrust Implications of American Needle V. NFL, Serial No. 111-126, January 20, 2010, 111-2 Hearing, *. by :
Download or read book Antitrust Implications of American Needle V. NFL, Serial No. 111-126, January 20, 2010, 111-2 Hearing, *. written by and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Antitrust Formalism is Dead! by : Judd Stone
Download or read book Antitrust Formalism is Dead! written by Judd Stone and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
In American Needle v. National Football League, the U.S. Supreme Court was presented with a number of tests for deciding whether the NFL and its member clubs are a “single-entity” with respect to the collective licensing of club trademarks and logos. If so, their activities would not constitute an antitrust conspiracy since an entity cannot engage in a conspiracy with itself, and thus the activities of the single-entity would lie beyond the reach of Section 1 of the Sherman Act. I examine the alternative tests presented to the Court, discuss some problems with each test, and note that the test endorsed by the Court, if any, could have implications for other joint ventures such as payment-card networks and medical care organizations.
Book Synopsis Competing Single-Entity Tests in American Needle V. NFL and Their Implications for Sports Leagues and Other Joint Ventures by : Gregory J. Pelnar
Download or read book Competing Single-Entity Tests in American Needle V. NFL and Their Implications for Sports Leagues and Other Joint Ventures written by Gregory J. Pelnar and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In American Needle v. National Football League, the U.S. Supreme Court was presented with a number of tests for deciding whether the NFL and its member clubs are a “single-entity” with respect to the collective licensing of club trademarks and logos. If so, their activities would not constitute an antitrust conspiracy since an entity cannot engage in a conspiracy with itself, and thus the activities of the single-entity would lie beyond the reach of Section 1 of the Sherman Act. I examine the alternative tests presented to the Court, discuss some problems with each test, and note that the test endorsed by the Court, if any, could have implications for other joint ventures such as payment-card networks and medical care organizations.
In American Needle v. National Football League, a sports clothing manufacturer (American Needle) sued the National Football League (NFL) alleging that an exclusive agreement between the NFL and Reebok to manufacturer caps with team logos constituted a concerted refusal to deal among the teams in the league. American Needle alleged that this violated the Sherman Act, which prohibits conspiracies in restraint of trade. The district court granted summary judgment in favor of the NFL and the Seventh Circuit affirmed. Both courts found that the NFL constitutes a single business entity, and therefore the individual teams were incapable of conspiring under the Sherman Act. Put simply, the lower courts held that you cannot conspire with yourself. This decision's significance is hard to overstate. Antitrust challenges to the conduct of sports leagues are quite common. The NFL, despite its victory in the lower court, supported U.S. Supreme Court review in an effort to ensure that the American Needle analysis would apply nationwide. The National Basketball Association (NBA) and the National Hockey League (NHL) also concurred in American Needle's petition for certiorari to the U.S. Supreme Court. Even Major League Baseball (MLB), which is generally exempt from antitrust scrutiny, recently cited the Seventh Circuit's decision to justify its new exclusive license with the Topps baseball card company. This new deal will end a quarter century of open competition among trading card producers. Despite the Solicitor General's recommendation against hearing the case, the Supreme Court granted certiorari on July 29, 2009. This article evaluates the single-entity defense and concludes that the Seventh Circuit wrongly decided the American Needle case, and that the Supreme Court should thus reverse and remand for a full trial under the rule of reason, a test requiring the court to determine whether the challenged agreement restrains or enhances competition. Although the NFL functions as a single entity for some purposes, the sale of logo caps is not one of them. Individual teams can meaningfully compete to sell caps and other items bearing team logos, and consumers would benefit from this competition. There is no reason to believe that this form of competition would detract from the overall success of the NFL in competing with other forms of entertainment. Part I of this article reviews the circuit court case law on the single-entity defense prior to American Needle. Part II summarizes the American Needle litigation. Part III critiques the Seventh Circuit's opinion and provides an alternative framework of analysis. The article concludes that the NFL should not be treated as a single entity for the purpose of licensing team logos and that the case should be remanded and the lower court instructed to assess the exclusive license under the rule of reason.
Book Synopsis Is the National Football League a 'Single Entity' Incapable of Conspiring Under the Sherman Act? by : Steven Semeraro
Download or read book Is the National Football League a 'Single Entity' Incapable of Conspiring Under the Sherman Act? written by Steven Semeraro and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In American Needle v. National Football League, a sports clothing manufacturer (American Needle) sued the National Football League (NFL) alleging that an exclusive agreement between the NFL and Reebok to manufacturer caps with team logos constituted a concerted refusal to deal among the teams in the league. American Needle alleged that this violated the Sherman Act, which prohibits conspiracies in restraint of trade. The district court granted summary judgment in favor of the NFL and the Seventh Circuit affirmed. Both courts found that the NFL constitutes a single business entity, and therefore the individual teams were incapable of conspiring under the Sherman Act. Put simply, the lower courts held that you cannot conspire with yourself. This decision's significance is hard to overstate. Antitrust challenges to the conduct of sports leagues are quite common. The NFL, despite its victory in the lower court, supported U.S. Supreme Court review in an effort to ensure that the American Needle analysis would apply nationwide. The National Basketball Association (NBA) and the National Hockey League (NHL) also concurred in American Needle's petition for certiorari to the U.S. Supreme Court. Even Major League Baseball (MLB), which is generally exempt from antitrust scrutiny, recently cited the Seventh Circuit's decision to justify its new exclusive license with the Topps baseball card company. This new deal will end a quarter century of open competition among trading card producers. Despite the Solicitor General's recommendation against hearing the case, the Supreme Court granted certiorari on July 29, 2009. This article evaluates the single-entity defense and concludes that the Seventh Circuit wrongly decided the American Needle case, and that the Supreme Court should thus reverse and remand for a full trial under the rule of reason, a test requiring the court to determine whether the challenged agreement restrains or enhances competition. Although the NFL functions as a single entity for some purposes, the sale of logo caps is not one of them. Individual teams can meaningfully compete to sell caps and other items bearing team logos, and consumers would benefit from this competition. There is no reason to believe that this form of competition would detract from the overall success of the NFL in competing with other forms of entertainment. Part I of this article reviews the circuit court case law on the single-entity defense prior to American Needle. Part II summarizes the American Needle litigation. Part III critiques the Seventh Circuit's opinion and provides an alternative framework of analysis. The article concludes that the NFL should not be treated as a single entity for the purpose of licensing team logos and that the case should be remanded and the lower court instructed to assess the exclusive license under the rule of reason.
In American Needle the Supreme Court unanimously held that for the practice at issue the NFL should be treated as a “combination” of its teams rather than a single entity. However, the arrangement must be assessed under the rule of reason. The opinion, written by Justice Stevens, was almost certainly his last opinion for the Court in an antitrust case; Justice Stevens had been a dissenter in the Supreme Court's Copperweld decision 25 years earlier, which held that a parent corporation and its wholly owned subsidiary constituted a single “firm” for antitrust purposes. The Sherman Act speaks to this issue but is not very helpful. Its § 6 defines the word “person” to “include corporations and associations existing under or authorized by” law, but gives no particulars. When antitrust tribunals decide if associations should be considered a single firm or a combination two factors stand out. One is whether the members remain as separate, significant economic actors in the marketplace. The ordinary corporation's shareholders do not and are thus unlike the members of a trade association, sports league, or the like. The second key factor is whether the challenged act controls or affects the individual market behavior of the members. In American Needle the conduct was exclusive licensing of the individually held trademark rights of each of the NFL's member teams. These rights had been consolidated into a single holding company controlled by the NFL and then licensed exclusively to Reebok, thus ousting the plaintiff. While American Needle is important, its did not necessarily present the problems of antitrust micromanagement that concerned the Court. If the NFL were a single entity the case would be characterized as exclusive dealing, or more properly an output contract, in which the NFL licensed to Reebok and no one else. Such agreements are analyzed under the rule of reason and their illegality usually depends on a “foreclosure” analysis in which illegality depends on the extent to which the plaintiff has been denied access to a properly defined relevant market. Also significant is that American Needle involves a trademark license, and the justification for restricted licensing of trademarks can be weighty, particularly if issues of origin or quality control are present. Even if exclusive trademark licenses are desirable, however, each separate NFL team could have granted its own individual exclusive licenses, and apparel manufacturers could then compete for one or more of these contracts. Finally, the American Needle decision has important implications for other collaborative entities, including Visa and Mastercard, real estate associations, and hospitals whose staff members have independent practices. The relevant question in these cases is not whether otherwise competing firms control the activities of the collaborative entity, but rather whether the collaborative entity controls their independent business activities.
Book Synopsis American Needle and the Boundaries of the Firm in Antitrust Law by : Herbert Hovenkamp
Download or read book American Needle and the Boundaries of the Firm in Antitrust Law written by Herbert Hovenkamp and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In American Needle the Supreme Court unanimously held that for the practice at issue the NFL should be treated as a “combination” of its teams rather than a single entity. However, the arrangement must be assessed under the rule of reason. The opinion, written by Justice Stevens, was almost certainly his last opinion for the Court in an antitrust case; Justice Stevens had been a dissenter in the Supreme Court's Copperweld decision 25 years earlier, which held that a parent corporation and its wholly owned subsidiary constituted a single “firm” for antitrust purposes. The Sherman Act speaks to this issue but is not very helpful. Its § 6 defines the word “person” to “include corporations and associations existing under or authorized by” law, but gives no particulars. When antitrust tribunals decide if associations should be considered a single firm or a combination two factors stand out. One is whether the members remain as separate, significant economic actors in the marketplace. The ordinary corporation's shareholders do not and are thus unlike the members of a trade association, sports league, or the like. The second key factor is whether the challenged act controls or affects the individual market behavior of the members. In American Needle the conduct was exclusive licensing of the individually held trademark rights of each of the NFL's member teams. These rights had been consolidated into a single holding company controlled by the NFL and then licensed exclusively to Reebok, thus ousting the plaintiff. While American Needle is important, its did not necessarily present the problems of antitrust micromanagement that concerned the Court. If the NFL were a single entity the case would be characterized as exclusive dealing, or more properly an output contract, in which the NFL licensed to Reebok and no one else. Such agreements are analyzed under the rule of reason and their illegality usually depends on a “foreclosure” analysis in which illegality depends on the extent to which the plaintiff has been denied access to a properly defined relevant market. Also significant is that American Needle involves a trademark license, and the justification for restricted licensing of trademarks can be weighty, particularly if issues of origin or quality control are present. Even if exclusive trademark licenses are desirable, however, each separate NFL team could have granted its own individual exclusive licenses, and apparel manufacturers could then compete for one or more of these contracts. Finally, the American Needle decision has important implications for other collaborative entities, including Visa and Mastercard, real estate associations, and hospitals whose staff members have independent practices. The relevant question in these cases is not whether otherwise competing firms control the activities of the collaborative entity, but rather whether the collaborative entity controls their independent business activities.
Book Synopsis Stitching Together the Past, Present, and Future of Antitrust Law in Professional Sports with an American Needle by : Villanova University. School of Law
Download or read book Stitching Together the Past, Present, and Future of Antitrust Law in Professional Sports with an American Needle written by Villanova University. School of Law and published by . This book was released on 2010 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: