Sports and Anti-Trust
Is the National Football League's Requirements to Enter the Draft a Violation of Antitrust Law?
If so why? Why does the NFL think it is not a violation?
Defining the AntiTrusts Legislation
Sherman AntiTrust Legislation
Clayton Antitrust amendment
Presidential support
The Maurice Clarett Case
The NFL's position,
The effect is could have on the game.
Judge Scheinin's decision
Sherman Antitrust Act
Clayton Act
Basis of Judge Shira Scheinin's Decision
Other cases from other Professional sports leagues, like the NBA, that are Similar to Maurice Clarett's Case
Haywood v. National Basketball Association, 401 U.S. 1204 (1971)
Impact that this case has had on the league
Players straight out of High School who have been successful
Kobe Bryant
Labron James
Players who have not been successful.
Is it worth the risk and is it fair to the kids who leave early
Will an 18-year-old out of High School not be physically tough enough to play in the NFL?
Summary and Conclusion
References
Antitrust Law and the National Football League
Introduction
Bid rigging, price fixing, and other antitrust violations have a devastating effect on the American public economy. This illegal activity contributes to inflation, shakes public confidence in the country's economy, and undermines our system of free enterprise. These crimes can increase the costs of government, boost taxes, and erode the citizens' trust in their government and business community.
The federal antitrust laws were enacted to preserve our system of a free market based on free competition. They serve as our primary defense, a governor of the engine of business, against unlawful attempts to limit competition. When a business has the ability to limit competition, it has the ability to raise profits exorbitantly, ignore the customer's needs, or ignore to the traditional market forces. In an anti-competitive marketplace, organizations can raise the purchase prices of products and services, and extort their customers.
It is hard to conceive how these laws apply to the ability, or inability of a person who wants to enter a professional football career, but the recent court case brought by Maurice Clarett against the NFL charged that their rules regarding eligibility to enter the league are conspiratorial against his ability to earn a living. The NFL has placed age requirements on individuals. The want to make sure that a person who applies to for the job of a football player in the NFL will have developed the talent, as well as physical and emotional maturity to be qualified for the game. None the less this recent court action by Judge Shira Scheindin has declared that the NFL is in violation of antitrust legislation because of the qualifications it required of players to enter the game.
According to district Court Judge Shira Scheindin, the National Football League is acting in violation of the antitrust legislation by setting boundaries and limitations as to a person's age who wishes to enter the NFL. The judge declared that the NFL's age requirement for a person who wants to enter the NFL draft is a violation of antitrust law. While the case will undoubtedly be appealed, the effects of this decision on the game,
What is being challenged, according to the youth Maurice Clarett, is that the NFL is prohibiting him from earning a living be not allowing him to compete on an equal playing field (no pun intended) with players who are 3 or 10 years his senior. For the NFL, the question of antitrust has not been challenged successfully before this challenge. The age limitations and requirement to for new recruits to enter the draft exist for the purpose of the league to ensure physical and emotional maturity in its players. The game of football is not like basketball, which since 1971 has allowed players to come directly out of high school onto the court. The football game is a physical game which will pound a new play into submission before allowing him to rise to a level of success. Allowing a person on the field who is significantly less mature creates the real and measurable threat to life, liberty, and the pursuit of happiness for that individual.
Earning a living is not the only measure of a person's success, and some of the veteran football players have a much different definition than does Maurice. Some players on the field would consider the opportunity to level an 18 or 19-year-old with a punishing open field, full contact tackle a measure of their own success. The younger player, if allowed to enter the game, could be at risk long-term disability, not only because of his own lack of preparedness, but also because of other players' aggressive play.
Anti-Trust...
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