dave mcbride Posted January 14, 2010 Share Posted January 14, 2010 What I find amazing is AP reaching the conclusion indicated by the headline based on the Supremes' questions the article quoted. The only skepticism that I read came from Sotomayor and Ginsburg. Shocking, I know. Read the transcript. It's more than Sotomayor and Ginsburg who are skeptical. I don't know how it'll turn out. The NFL will most likely win on the rule of reason vis-a-vis the smaller issue (American Needle), but on the bigger issue -- carte blanche for the NFL to always claim single-entity status in a dispute -- the outcome isn't clear. Roberts will probably go there way because he virtually always tilts toward corporations, but I don't know about the rest. Link to comment Share on other sites More sharing options...
dave mcbride Posted January 15, 2010 Share Posted January 15, 2010 A pretty good summary: http://www.nytimes.com/2010/01/14/sports/f...eyer&st=cse Link to comment Share on other sites More sharing options...
GG Posted January 15, 2010 Share Posted January 15, 2010 Read the transcript. It's more than Sotomayor and Ginsburg who are skeptical. I don't know how it'll turn out. The NFL will most likely win on the rule of reason vis-a-vis the smaller issue (American Needle), but on the bigger issue -- carte blanche for the NFL to always claim single-entity status in a dispute -- the outcome isn't clear. Roberts will probably go there way because he virtually always tilts toward corporations, but I don't know about the rest. Would be tough to overrule precedent of different courts. As a purist matter, anti-trust inquiry should be taken if monopolistic behavior would cause harm to the consumers. Hard to argue that in this case. Link to comment Share on other sites More sharing options...
dave mcbride Posted January 15, 2010 Share Posted January 15, 2010 Would be tough to overrule precedent of different courts. As a purist matter, anti-trust inquiry should be taken if monopolistic behavior would cause harm to the consumers. Hard to argue that in this case. That's the point of the rule of reason argument re: American Needle, no? The NFL is using the case to expand outward into every area. That's why it's important, not because of American Needle's particular complaint. Link to comment Share on other sites More sharing options...
GG Posted January 15, 2010 Share Posted January 15, 2010 That's the point of the rule of reason argument re: American Needle, no? The NFL is using the case to expand outward into every area. That's why it's important, not because of American Needle's particular complaint. Narrow case yes, but also from precedents in other cases, and I can't help but think that how bankruptcy court ruled for the NHL in the Coyotes dispute adds a lot of persuasion for the league to be a single entity. Link to comment Share on other sites More sharing options...
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