Overview: Agreements among a football league, its teams, and a licensor formed by
the teams to license their intellectual property constituted concerted
action that was subject to antitrust scrutiny under 15 U.S.C.S. § 1. The
teams' decisions to collectively license their separately...
In the valedictory antitrust opinion of Justice John Paul
Stevens, joined by all eight other justices, the Supreme Court held on
May 24, 2010, in American Needle, Inc. v.
National Football League , et al., that collective licensing
activities of member
teams of the National Football League (NFL) constitute...
by Maureen McGuirl
American Needle, Inc. v. NFL , 2010 U.S.
LEXIS 4166 (U.S. May 24, 2010) , the Supreme Court unanimously held
that the National Football League's (NFL) teams and National Football League
Properties (NFLP) could not be considered a single entity incapable of engaging
Needle, Inc. v. NFL , 2010 U.S. LEXIS 4166 (U.S. May 24, 2010) , the
Court addressed the type of conduct falling within a "contract,
combination. . . or conspiracy" in restraint of trade under Section 1 of
the Sherman Act, 15
U.S.C. § 1 . Because the pendulum has swung too...