The US Supreme Court rejects special sports league exemption from antitrust scrutiny adopting a narrow view of Copperweld immunity (American Needle / National Football League)

The U.S. Supreme Court adopts a narrow view of Copperweld immunity in American Needle, Inc. v. National Football League Section 1 of the Sherman Antitrust Act is, in important ways, extraordinary in its simplicity. It broadly prohibits all agreements—“[e]very contract, combination . . . or conspiracy” [1]—that fail a single ultimate test: “whether the challenged agreement is one that promotes competition or one that suppresses competition.” [2] The U.S. Supreme Court has repeatedly rejected arguments that one industry or another should be exempted from scrutiny under this test. [3] Nonetheless, for decades prior to American Needle, Inc. v. National Football League, [4] various professional sports leagues and their members sought just such an exemption, arguing that the inherent need for

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  • Jones Day (New York)

Quotation

Meir Feder, The US Supreme Court rejects special sports league exemption from antitrust scrutiny adopting a narrow view of Copperweld immunity (American Needle / National Football League), 24 May 2010, e-Competitions May 2010, Art. N° 44420

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