Monday, June 29, 2009

U.S. Suprme Court Grants Cert in American Needle v. NFL

Earlier this morning, the Supreme Court released its order list, which included notice that it has granted cert in American Needle v. NFL. The Seventh Circuit held earlier this year that the NFL can enjoy single entity status -- and thus immunity from Section 1 of the Sherman Antitrust Act -- for limited purposes (namely, apparel sales). Until American Needle, leagues with franchises that are separately owned had traditionally been viewed as joint ventures, and thus subject to Section 1. Although U.S. Solicitor General Elena Kagan recommended that the Court not grant cert, it has done so anyway. It should make for a very important and interesting case.

For other Sports Law Blog coverage on American Needle, click here. For other news from the Supreme Court today, check out the outstanding Supreme Court of the United States Blog.

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