Sports Law. The Great Exception. Michael Andrews, Matt Majd, and Rebecca Ruiz Andrews Majd Ruiz LLP

Similar documents
THE ROLE OF DECERTIFICATION IN NFL AND NBA COLLECTIVE BARGAINING

WikiLeaks Document Release

Litigation Trends: An analysis of NCAA court activity

Current Issues in Sports Law

SUMMARY OF LEGAL ISSUES ARISING IN THE CURRENT NFL LABOR DISPUTE. A White Paper from the Penn State Institute for Sports Law, Policy and Research

No In the SUPREME COURT OF THE UNITED STATES OF AMERICA. ELECTRONIC ARTS, INC., a Tulania Corporation;

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER

U N I T E D S T A T E S A D U L T

The Legality of the Rozelle Rule and Related Practices in the National Football League

Docket No In the SUPREME COURT OF THE UNITED STATES OF AMERICA. GOVERNOR OF TULANIA and THE CITY OF BON TEMPS.

THE POTENTIAL REACH OF O BANNON V. NCAA

Intellectual Property E-Bulletin

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

O Bannon v. National Collegiate Athletic Association: Why the Ninth Circuit Should Not Block the Floodgates of Change in College Athletics

Professional Sports and Antitrust Law: The Groundrules of Immunity, Exemption and Liability

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiffs,

UNITED STATES ADULT SOCCER ASSOCIATION, INC. Bylaws

The Medalist Club Bylaws of The Medalist Club An Alabama Nonprofit Corporation

Article begins on next page

Defining the Relationship Between Antitrust Law and Labor Law: Professional Sports and the Current Legal Background

In the Supreme Court of the United States

BYLAWS OF THE UNITED STATES SOCCER FEDERATION, INC.

National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma and University of Georgia Athletic Association

USA ARCHERY CLUB TERMS AND CONDITIONS

the USA Archery Club Agreement

Antitrust Litigation. Seventh Circuit Update. Antitrust Litigation Seventh Circuit Update: Fall 2013

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

CHAPTER TWELVE -- ANTITRUST AND SPORTS: INTRA-LEAGUE RESTRAINTS -- LIMITATIONS ON OWNERSHIP, LEAGUE MEMBERSHIP, AND FRANCHISE RELOCATION

No In the SUPREME COURT OF THE UNITED STATES OF AMERICA. Matt LAUER, individually and on behalf of all others similarly situated;

An End Run around Antitrust Law: The Second Circuit's Blanket Application of the Non-Statutory Labor Exemption in Clarett v. NFL

NCAA v. Board of Regents of the University of Oklahoma: Has the Supreme Court Abrogated the Per Se Rule of Antitrust Analysis

Operating Bylaws NCAA Division I Program Membership Divisions (Cross Country) of the U.S. Track & Field and Cross Country Coaches Association

Out of Bounds: Commerce Clause Protection from State Antitrust Statutes for Regional Athletic Conferences

Case 6:13-cv MHS Document 1 Filed 03/01/13 Page 1 of 7 PageID #: 1

Daubert Case Summaries

Class-Based Denials of Hospital Staff Privileges and the Learned Professions Exemption

BYLAWS OF USA MIXED MARTIAL ARTS KI FEDERATION

Case 4:14-md CW Document 804 Filed 03/28/18 Page 1 of 36 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

I. THE ELIGIBILITY RULE VIOLATES THE SHERMAN ACT AS A MATTER OF LAW

National Basketball Association v. Williams: A Look into the Future of Professional Sports Labor Disputes

BYLAWS FOR LOCAL BOXING COMMITTEES (Revised 2015)

WALKER HOMESITES ATHLETIC CLUB CONSTITUTION AMENDED OCTOBER

The Commercialization of College Football: The Universities of Oklahoma and Georgia Learn an Antitrust Lesson in NCAA v.

Should the NCAA be Above the Law?: An Examination of the NCAA s Antitrust Status. Brett T. Smith, Esq. Chapel Hill 2010

USBC National Bylaws

DePaul Journal of Sports Law

Antitrust Quarterly. U.S. Developments. Ninth Circuit Rules That Major League Baseball Remains Exempt from Antitrust Laws.

3.2 Antitrust Sherman Act (Section 1, Per Se Violation) Tying Agreement Defense Of Justification

Golden Junior Baseball Association Bylaws Revised September 27, 2017

BYLAWS INLINE HOCKEY ASSOCIATION. Article 1. Definitions

Case 1:05-cv MRB Document 27 Filed 09/08/2006 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Article I. Article II

No IN THE SUPREME COURT OF THE UNITED STATES. GOVERNOR OF TULANIA and the CITY OF BON TEMPS,

The Curt Flood Act of 1998: The Players' Perspective

The Narcotic Effect of Antitrust Law in Professional Sports: How the Sherman Act Subverts Collective Bargaining

American Needle, Inc. v. National Football League: Justice Stevens Last Twinkling of an Eye

NCAA and the Rule of Reason: Analyzing Improved Education Quality as a Procompetitive Justification

DECISION OF THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION DIVISION I INFRACTIONS APPEALS COMMITTEE. December 12, Decision No.

BYLAWS OF GREATER CLEVELAND ATHLETIC ASSOCIATION, INC. ARTICLE ONE. NAME and PURPOSE

BYLAWS OF USA NATIONAL KARATE-DO FEDERATION, INC. As revised on April 18, 2014

NOTE. Kelly M. Vaughant INTRODUCTION

A Missed Opportunity: Nonprofit Antitrust Liability in Virginia Vermiculite, Ltd. v. Historic Green Springs, Inc.

Case4:09-cv CW Document1025 Filed04/11/14 Page1 of 48 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CORVALLIS SOCCER CLUB BYLAWS

Baseball's Antitrust Exemption: The Limits of Stare Decisis

10 TH ANNUAL HEALTH CARE PRACTITIONER S ROUNDTABLE VBA HEALTH LAW SECTION

BY-LAWS. Region XIX Bylaws. Section A. Section B. Section C. Section D

Minimizing Antitrust Risks in Joint Ventures, Joint Bidding, and AMIs: A Review of Recent Enforcement Activities

BY LAWS of the Missouri Youth Soccer Association Updated

Takeaways From Ex-Chesapeake CEO Antitrust Case

No In the SUPREME COURT OF THE UNITED STATES OF AMERICA

Supreme Court of the United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Membership Bylaw BYLAW MEMBERSHIP

Florida State University Law Review

BYLAWS OF THE MONTANA STATE YOUTH SOCCER ASSOCIATION

If you bought Aggrenox directly from Boehringer Ingelheim you could get a payment from a class action settlement.

CONSTITUTION AND BY- LAWS OF VICTOR J. ANDREW HIGH SCHOOL ATHLETIC BOOSTER CLUB

Antitrust for Trade Association Executives

Fraser v. MLS, L.L.C.: Is There a Sham Exception to the Copperweld Single Entity Immunity?

1. The Student Athlete Medical Act 2. A Bill to Tax the NCAA 3. A Resolution to Recognize Catalonia 4. A Bill to House America 5.

BYLAWS USA BADMINTON, INC

Anglo-American Law. Leegin Creative Leather Products, Inc. V. Psks, Inc., Dba Kay s Kloset, Kay s Shoes. Aykut ÖZDEMİR* * Attorney at law.

Curbing Franchise Free Agency: The Professional Sports Franchise Relocation Act of 1998

The Current State of Labour Relations in the National Hockey League

CONSTITUTION OF THE MISSOURI VALLEY CONFERENCE

provided in the USA Hockey InLine Rules and Regulations.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1993 S 1 SENATE BILL 9. January 28, 1993

National Collegiate Athletic Association's Certification Requirement: A Section 1 Violation of the Sherman Antitrust Act

TAUC The Association of Union Contractors ANTITRUST COMPLIANCE PROGRAM

Niagara Erie Youth Sports Association, Inc. Constitution and By-Laws

Bidders Beware: Private Equity Club Deals Could Be Challenged in Bankruptcy. September/October Brad B. Erens Mark G. Douglas

C. The Tri-State Alpine Ski Racing Association, Inc. shall have no corporate seals unless required by the laws of the State of Massachusetts.

NORTHERN CALIFORNIA FOOTBALL ASSOCIATION ALSO KNOWN AS NORTHERN CALIFORNIA FOOTBALL CONFERENCE CONSTITUTION

Football West By-Laws. Football West Limited ACN A Company Limited by Guarantee

South Fayette Touchdown Club South Fayette School District 2250 Old Oakdale Road McDonald, Pa 15057

BY-LAWS Of the Winchester Hockey Parents Association, Inc.

ATTORNEYS AT LAW FREQUENTLY ASKED QUESTIONS

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO: Defendant, / COMPLAINT

BY-LAWS of the EASTERN PENNSYLVANIA RUGBY UNION As Amended on February 18, 2009

Transcription:

Sports Law The Great Exception Michael Andrews, Matt Majd, and Rebecca Ruiz Andrews Majd Ruiz LLP

1. Sports Law Sports law is an amalgam of laws that apply to athletes and the sports they play Applicability Contract, tort, agency, antitrust, constitutional, labor, trademark, sex d is c rim ina tio n, c rim ina l, ta x is s ue s Exclusivity Each sport ope rates unde r its own constitution Commonalities Antitrust and contracts

Rules Baseball is exempt from the Sherman Antitrust Act history Precedent => stems from early Federal Baseball Club of Baltimore v. National League of Professional Base Ball Clubs, (1922) Flood v. Kuhn (1972)

The Sherman Antitrust Act a federal statute passed by congress in 1890 prohibiting any contract, conspiracy, or combination of business interests in restraint of foreign or interstate trade is

Baseball Cases Federal Baseball Club of Baltimore v. National League of Professional Base Ball Clubs, (1922) Flood v. Kuhn (1972) => Conspired to monopolize baseball => Reserve clause vs 14th Amendment => Justice Blackmun -> Congress Major League Baseball Players Association v. Garvey (2001) => Do arbitrators have the final say? => Does collusion impact this?

Reserve Clause Players rights retained by the team upon the contracts expiration Players could be reassigned, traded, sold, or released at any time Violation of the 14th amendment? Federal Baseball Club v. National League Codified Reserve Clause until 1975 Supreme Court held that baseball is an exhibition held for amusement, not interstate commerce

APPLICABILITY OF THE SHERMAN ACT TO FOOTBALL NCAA v. Board of Regents of the University of Oklahoma Agnew v. National Collegiate Athletic Association Pugh v. National Collegiate Athletic Association

Milestones for the Sherman Act NCAA v. Board of Regents 1984. Proverbial Framework NCAA is not exempt from scrutiny under the Sherman Antitrust Act U.S. District Court of NY ruled that NCAA rules and regulations implicate trade or commerce MIBA v. NCAA 2004 Walk on Football Players Litigation 2005 Award of financial aid to college students to be trade or commerce and therefore subject to the Sherman Act.

SHERMAN ACT--DEFINING MARKETS AND ANTI/PRO- COMPETITIVENESS IN AGNEW Plaintiff argued that NCAA cap on the number of scholarships given per team had an anticompetitive effect in violation of Sherman Act Section 1 as an unreasonable restraint of trade U.S. Court of Appeals Reasoning: NCAA commercial transactions with student -athletes was present, therefore, NCAA can engage in anti or pro -competitive behavior Relevant market must be properly identify to assess if anti behavior had an adverse effect on the market Has been negatively cited in O Bannon v. NCAA Amateurism

SHERMAN ACT--DEFINING ELIGIBILITY RULES IN PUGH Pugh accepted D1 grant -in-aid whose award could not exceed 1 yr Transferred to a D2 school, but as a result, the NCAA;s year -inresidence requirement obliged him to sit out of competition for a full season because he must become a resident in the newly transferred school U.S. District Court of Indiana reasoning: Drew from Agnew and Board of Regents (deductive reasoning) Eligibility rules that foster competition are presumptively pro -competitive Does not pertain to financial aid rules None of this is applicable to baseball Not overruled nor have negatively criticized rulings

SHERMAN ACT--WHY BASEBALL SHOULD BE INCLUDED Similar set of circumstances? Anti or pro -competitive arguments would not be valid as a restraint of trade in violation of the Sherman Antitrust Act Rationale Congress has not used legislative powers to designate baseball under the purview of Sherman Right Field Rooftops, LLC v. Chicago Baseball Cubs, LLC (2015) Cites Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs (1922) Purely state affairs Anti -competitives which fails to foster competition in amaeteur intercolleigate sports is illegal...in football In baseball? Question is not touched upon Conclusion All sports must be subject to federal antitrust laws because bylaws that inhibit competition are illegal in nature

SHERMAN ACT--WHY BASEBALL SHOULD BE INCLUDED CONT. Similar set of circumstances? Must be applicable to all sports It s a question of upholding a rule of law Court s options: Exempt all Urge Congress to legislate

Case Rule Fusion Agnew; Board of Regents: Commercial Transactions, Relevant Markets, and Competitiveness Board of Regents; Walk on Foo tba ll Pla ye rs Litig a tio n MIBA: Horizontal restraints Pu g h: Eligibility/Financial Aid rules Rooftops; Fe de ral Base ball Club of Baltimore; Flood; MLBP: baseball exemption IF a party demonstrates that the NCAA or its rules derive economic gain by engaging in commercial transactions, AND identifies a relevant commercial market in which anticompetitive effects may be apparent, OR can demonstrate that the NCAA or its rules devise plans that horizontally re strain the ope ration of a fre e m arke t, AND provides no valid justification for the horizontal restrictions THEN this constitutes an unreasonable restraint of trade in violation of Sherman Antitrust Act Section 1. HOWEVER, IF the NCAA imposes eligibility rules that foster competition among amateur athletic teams, AND are NOT deemed financial aid rules, THEN they are presumptively pro-c o m p e titive AND a re NOT in violation of Sherman Antitrust Act Section 1. UNLESS the sport is professional baseball, THEN it is exempt from the Sherman Antitrust Act