Monday, August 10, 2009
"Are Commissioner Suspensions Really Any Different from Illegal Group Boycotts? Analyzing Whether the NFL Personal Conduct Policy Illegally Restrains Trade
Posted by D. Daniel Sokol
ABSTRACT: This Article explains why some courts would likely find the NFL Personal Conduct Policy to violate § 1 of the Sherman Act, and explores ways in which the NFL clubs could promote off-the-field decorum without risking antitrust liability. Part I of this Article discusses the underlying business structure of the NFL. Part II provides a brief overview of § 1 of the Sherman Act. Part III analyzes the legality of the NFL Personal Conduct Policy under § 1 of the Sherman Act. Part IV proposes four ways in which NFL clubs could promote positive off-the-field decorum without incurring antitrust risk.