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Article: Antitrust law - nonstatutory labor exemption - Second Circuit exempts NFL eligibility rules from antitrust scrutiny.(National Football League)(Case Note)
- Article from:
- Harvard Law Review
- Article date:
- February 1, 2005
CopyrightCOPYRIGHT 2005 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ANTITRUST LAW--NONSTATUTORY LABOR EXEMPTION--SECOND CIRCUIT EXEMPTS NFL ELIGIBILITY RULES FROM ANTITRUST SCRUTINY.--Clarett v. National Football League, 369 F.3d 124 (2d Cir. 2004).
Ratification of the Sherman Act initiated a trying period for the Supreme Court, which has since struggled with the intersection of labor law and antitrust law. (1) The conflict between the two areas of law is inherent: antitrust law promotes competition while labor law endorses activities that restrict it. (2) In certain circumstances, the Court has crowned labor law the champion of this contest (3) by immunizing certain union-employer agreements from antitrust scrutiny (4) through ...