Although I've rarely been on the same side of issues as the current court (in Comstock I found myself in the same minority as Clarence Thomas and Antonin Scalia), it was comforting to see that in a 9-0 ruling, the NFL was found to be a trust, and therefore may face legal penalties for restraint of trade.
Monday, May 24, 2010
A while back, I mentioned a case, American Needle v. NFL, about whether the NFL constitutes a "trust" if it pools all of the NFL merchandising power together. The issue came down to whether the NFL is its own entity, or whether it is a trust composed of the 32 NFL teams. I also personally wondered, esoterically, whether "Football Merchandise" is considered distinct enough of a market, as opposed to being only one aspect of "Sports Merchandise," but that wasn't the issue before the court.