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Competitive Entertainment: Implications of the NFL Lockout Litigation for Sports, Theatre, Music, and Video Entertainment

112 Pages Posted: 23 Aug 2012 Last revised: 9 Oct 2012

Henry H. Perritt Jr.

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: July 1, 2012

Abstract

The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and making overaggressive interpretation and enforcement of copyright law a major danger to realization of the new markets' potential.

Keywords: NFL, lockout, sports, entertainment industry, labor market, product market, antitrust law, copyright law

JEL Classification: K20, K21, K31, K39, L82, L83

Suggested Citation

Perritt, Henry H., Competitive Entertainment: Implications of the NFL Lockout Litigation for Sports, Theatre, Music, and Video Entertainment (July 1, 2012). Chicago-Kent College of Law Research Paper No. 2012-06; Chicago-Kent College of Law Research Paper No. 2012-06. Available at SSRN: https://ssrn.com/abstract=2116664 or http://dx.doi.org/10.2139/ssrn.2116664

Henry H. Perritt Jr. (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States
312-906-5000 (Phone)

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