32 Pages Posted: 2 Jul 2009
Date Written: July 1, 2009
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 Classification: L4, L40, A1, L11, L12, L44, L50, L83
Suggested Citation: 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: https://ssrn.com/abstract=1428480