Anti Trust Laws in Sports
Antitrust and Labor issues in sports addresses how labor issues have affected sports and how courts have treated the application of antitrust rules to the sports industry, particularly to the situation involving a professional sports union that negotiates with owners of a league. While the concepts of antitrust and labor law are often considered distinct subjects on their own, in the sports industry, these areas of the law are quite often interrelated.
Ross, S. (2003). Antitrust, professional sports, and the public interest. Journal of Sports Economics, 4(4), 318-331. Retrieved fromhttp://jse.sagepub.com/content/4/4/318.full.pdf html (Ross, 2003)
The author’s research on antitrust laws in sports uses data gathered from the top ten sports antitrust court cases, where courts ruled against sports leagues. By using what the researcher called the Its-a-Wonderful-life test it allowed the author to wonder if the public would be better off with our without antitrust intervention. The first approach that they author uses to determine the public interest is by replacing the American antitrust law with the Australian Trade Practices Act that allows government agency to authorize anticompetitive agreement as not contrary to the public interest (Ross, 2003). The second approach consists of what would actually be the best way to resolve each court case in the public interest by analyzing the public’s position on the cases (Ross, 2003). By analyzing the 10 sport antitrust cases the author has gathered data that suggest courts have supported the antitrust laws and intervened in cases through litigation which found middle ground between plaintiff and the defendant. The data gathered from these cases researched suggest the private ordering challenged by the antitrust litigation was not in the best interest of the public (Ross, 2003).
Delvin, A., & Jacobs, M. (2011). Joint-Venture Analysis after American Needle. Journal of competition law and economics, 7(3), 543-572.
Ross, S. (2003). Antitrust, professional sports, and the public interest. Journal of Sports Economics, 4(4), 318-331. Retrieved fromhttp://jse.sagepub.com/content/4/4/318.full.pdf html (Ross, 2003)
The author’s research on antitrust laws in sports uses data gathered from the top ten sports antitrust court cases, where courts ruled against sports leagues. By using what the researcher called the Its-a-Wonderful-life test it allowed the author to wonder if the public would be better off with our without antitrust intervention. The first approach that they author uses to determine the public interest is by replacing the American antitrust law with the Australian Trade Practices Act that allows government agency to authorize anticompetitive agreement as not contrary to the public interest (Ross, 2003). The second approach consists of what would actually be the best way to resolve each court case in the public interest by analyzing the public’s position on the cases (Ross, 2003). By analyzing the 10 sport antitrust cases the author has gathered data that suggest courts have supported the antitrust laws and intervened in cases through litigation which found middle ground between plaintiff and the defendant. The data gathered from these cases researched suggest the private ordering challenged by the antitrust litigation was not in the best interest of the public (Ross, 2003).
Delvin, A., & Jacobs, M. (2011). Joint-Venture Analysis after American Needle. Journal of competition law and economics, 7(3), 543-572.