The US Supreme Court applies functional test to determine whether joint venture activity triggers antitrust liability (American Needle / National Football League)

Introduction Section 1 of the Sherman Act outlaws contracts, combinations and conspiracies that unreasonably restrain trade. Therefore, to establish liability under Section 1, it is necessary to show a plurality of actors in agreement; there can be no contract, combination or conspiracy with strictly unilateral conduct. In May, the U.S. Supreme Court in American Needle v. National Football League [1] considered whether the activities of a legitimate joint venture constituted concerted or unilateral conduct. Adopting a functional approach, the Court found that where the activity deprives the marketplace of independent sources of decisionmaking, the plurality requirement under Section 1 of the Sherman Act is satisfied. Background Each of the National Football League's (“NFL”) member

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  • White & Case (New York)

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Lynn Diamond, The US Supreme Court applies functional test to determine whether joint venture activity triggers antitrust liability (American Needle / National Football League), 24 May 2010, e-Competitions Bulletin Sport, Art. N° 32779

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