Antitrust and 'Free Movement' Risks of Expanding U.S. Professional Sports Leagues into Europe

Abstract

This article discusses the legal risks that would emerge if the National Basketball Association ("NBA") and National Football League ("NFL") decide to expand into Europe. Part I of this article explains the differences in operating structure between U.S. and European professional sports leagues. Part II discusses the differences in competition law between the United States and European Community. Part III explains why the legal status of age and education requirements (age/education requirements) is more favorable to professional sports leagues under U.S. law than under EC law. Part IV explains why the legal status of league drafts and reserve systems also might be more favorable to professional sports leagues under U.S. law.

Keywords: sports, law, sports law, antitrust, international, international antitrust, global, basketball, football, Section Act, collusion, EC Treaty, Treaty of Rome, Free Movement, Article 81, Article 39, non-stutory labor exemption, Mackey, Clarett