Joint Ventures and the Sherman Act: The Problem Revealed by American Needle and How Best to Address It

The transcript of the oral argument in this year’s most watched antitrust case, American Needle v. National Football League, captures a struggle about where to draw the line between joint venture activities that must be scrutinized under Section One and those that should not. That the Justices of the Supreme Court seemed uncertain about how to draw such a line while preserving the ability to review the activities of joint ventures