The Single Entity Battle Continues: American Needle and the Seventh Circuit’s Hybrid Approach
This article is part of a Chronicle. See more from this Chronicle
Gabe Feldman, May 27, 2009
Courts have long struggled to articulate a coherent or sensible approach to applying the Sherman Act to sports leagues. While Major League Baseball avoided the complications through its infamous judicial exemption from the antitrust laws, antitrust decisions involving other professional sports leagues are riddled with inconsistencies and confusion. The Seventh Circuit recently added to the morass with its decision in American Needle. In American Needle, the plaintiff, a manufacturer and designer of sports apparel, brought an antitrust suit challenging the decision of the National Football League (“NFL”) and its teams (via NFL Properties) to enter into an exclusive licensing relationship with Reebok for the manufacture and sale of headwear bearing NFL team logos. The NFL moved for summary judgment, arguing that it was immune from Section 1 scrutiny because it functions as a single entity… [and]…sports leagues have long viewed the single entity defense as the antitrust “holy grail.”
Links to Full Content
Featured News
NFL Antitrust Verdict Amounts to $4.7 Billion in ‘Sunday Ticket’ Case
Jul 4, 2024 by
CPI
German Competition Regulator Fines AVM EUR 16 Million for Price-Fixing Scheme
Jul 4, 2024 by
CPI
UK’s CMA Director Returns to Cleary Gottlieb as Antitrust Partner
Jul 4, 2024 by
CPI
Canada’s Competition Bureau to Expedite Guidance on Anti-Greenwashing Rules
Jul 4, 2024 by
CPI
Top Lawyers Face Off in Tempur Sealy’s Bid for Mattress Firm
Jul 4, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Private Equity Roll-Up Schemes
Jun 28, 2024 by
CPI
The FTC’s Focus on Private Equity is Warranted
Jun 28, 2024 by
CPI
Unraveling the Roll-Up: Private Equity’s Misunderstood Investment Strategy
Jun 28, 2024 by
CPI
Antitrust Focus on Private Equity Funds and Serial Acquisitions
Jun 28, 2024 by
CPI
Private Equity Roll-Ups Amidst Heightened Antitrust Enforcement
Jun 28, 2024 by
CPI