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Zimmerman v. National Football League

Zimmerman v. National Football League

United States District Court for the District of Columbia

March 27, 1986

Civil Action No. 85-2392

Opinion

 [*400] MEMORANDUM OPINION

 Barrington D. Parker, Senior District Judge:

This proceeding involves a challenge under the federal antitrust laws to the "supplemental draft" conducted in April 1984 by the defendant National Football League ("NFL"). That draft affected players already under contract to professional football leagues other than the NFL. Plaintiff Gary Zimmerman, the third player chosen in the supplemental draft, is currently employed by the United States Football League ("USFL"). The named defendants, in addition to the NFL, are the 28 NFL member teams, NFL Commissioner Pete Rozelle, the National Football League Management Council ("NFLMC"), its Executive Director, Jack Donlan, the National Football League Players Association  [*401]  ("NFLPA"), and its Executive Director, Gene Upshaw. 1

 [**2]  Zimmerman charges that the supplemental draft violates section 1 of the Sherman Act, 15 U.S.C. § 1 (1982), because it allows him to negotiate with only a single NFL team. This, he claims, is an illegal restraint of trade in the form of a group boycott and concerted refusal to deal. He brings a private antitrust action seeking injunctive relief and treble damages under sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15, 26.

The parties have filed cross motions for summary judgment. The extensive record, including depositions and affidavits of the principal participants and the oral argument of counsel have been fully considered.

The Court determines that the plaintiff's claim must be denied. The labor exemption to the antitrust laws removes the supplemental draft from the restraints of the Sherman Act. Further, Zimmerman is unable to show that he was injured by reason of the alleged antitrust violation. Summary judgment will be granted to the defendants.

BACKGROUND

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632 F. Supp. 398 *; 1986 U.S. Dist. LEXIS 27525 **; 109 Lab. Cas. (CCH) P10,508; 1986-2 Trade Cas. (CCH) P67,237

GARY ZIMMERMAN, Plaintiff, v. NATIONAL FOOTBALL LEAGUE, et al., Defendants

CORE TERMS

players, supplemental draft, exemption, bargaining, team, collective bargaining agreement, parties, league, anti trust law, negotiations, antitrust, collective bargaining, regular, contracts, roster, summary judgment, rounds, prong, Football, good faith bargaining, drafted, letter agreement, quid pro quo, take place, bona fide, arm's-length, selections

Civil Procedure, Summary Judgment, Burdens of Proof, General Overview, Entitlement as Matter of Law, Genuine Disputes, Supporting Materials, Opposing Materials, Antitrust & Trade Law, Exemptions & Immunities, Collectives & Cooperatives, Clayton Act, Labor, Nonstatutory Exemptions, Statutory Exemptions, Business & Corporate Compliance, Labor & Employment Law, Collective Bargaining & Labor Relations, Bargaining Subjects, Regulated Industries, Sports, Labor & Employment Law, Contracts Law, Types of Contracts, Unilateral Contracts, Labor Arbitration, Judicial Review, Duty to Bargain, Strikes & Work Stoppages, Contract Formation, Consideration, Private Actions, Standing, Real Property Law, Adverse Possession, Governmental Entity Claims, Clayton Act, Claims, Remedies