A U.S. District Court rejects an antitrust claim for lack of standing (Spinelli / NFL)

Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams* Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the complaint is vulnerable to a motion to dismiss. In Spinelli et al. v. Nat’l Football League et al., No. 13 Civ. 7398 (S.D.N.Y.), Judge Robert W. Sweet of the Southern District of New York applied the Second Circuit’s four factors to determine whether a plaintiff is an efficient enforcer (the directness or indirectness of the plaintiff’s alleged injury, the existence of a class of persons motivated to

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Authors

  • Patterson Belknap Webb & Tyler (New York)
  • Patterson Belknap Webb & Tyler (New York)
  • Patterson Belknap Webb & Tyler (New York)

Quotation

William Cavanaugh, Thomas W. Pippert, George LoBiondo, A U.S. District Court rejects an antitrust claim for lack of standing (Spinelli / NFL), 27 March 2015, e-Competitions Intellectual property, Art. N° 72544

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