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Are Commissioner Suspensions Really Any Different from Illegal Group Boycotts? Analyzing Whether the NFL Personal Conduct Policy Illegally Restrains Trade

Marc Edelman
Barry Law School



Catholic University Law Review, Vol. 58, 2009

Abstract:     
This Article explains why some courts would likely find the NFL Personal Conduct Policy to violate § 1 of the Sherman Act, and explores ways in which the NFL clubs could promote off-the-field decorum without risking antitrust liability. Part I of this Article discusses the underlying business structure of the NFL. Part II provides a brief overview of § 1 of the Sherman Act. Part III analyzes the legality of the NFL Personal Conduct Policy under § 1 of the Sherman Act. Part IV proposes four ways in which NFL clubs could promote positive off-the-field decorum without incurring antitrust risk.

Keywords: sports, law, sports law, antitrust, Sherman Act, group boycott, concerted refusal to deal, Rule of Reason, National Football League, NFL, commissioner, discipline, commissioner discipline, Michael Vick, Molinas, nonstatutory labor exemption

JEL Classifications: L4, L40, A1, L11, L12, L44, L50, L83

Accepted Paper Series

Date posted: July 02, 2009 ; Last revised: July 02, 2009

Suggested Citation

Edelman, Marc, Are Commissioner Suspensions Really Any Different from Illegal Group Boycotts? Analyzing Whether the NFL Personal Conduct Policy Illegally Restrains Trade (July 1, 2009). Catholic University Law Review, Vol. 58, 2009. Available at SSRN: http://ssrn.com/abstract=1428480


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Contact Information

Marc Edelman (Contact Author)
Barry Law School ( email )
6441 East Colonial Drive
Orlando, FL 32807
United States
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