Term
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Definition
- group of club owners who join together as a formal organization to produce and market their product
- not state actors
- constitutional restraint dont apply
- private associations
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Term
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Definition
| independently owned orgs that join league and hire players to compete within the league |
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Term
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Definition
| CEO of the league, hired by club owners to run the league |
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Term
| League constitution & Bylaws |
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Definition
- primary authority for governing league
- create contractual relationship between league and memeber clubs
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Term
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Definition
| employees of clubs that operate within a sports league |
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Term
| Individual Performer Sport |
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Definition
| players are independent contractors who qualify to play in a sports association |
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Term
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Definition
| employees of the club owners |
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Term
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Definition
| represent individual players in contract negotiations with teams |
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Term
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Definition
| labor unions formed to protect rights and interest of players generally in collective bargaining and other labor issues |
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Term
| Courts may get involved in resolving disputes among leagues, teams, and players if: |
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Definition
- league breaks its own rules
- breach of fiduciary duty
- conflict of interest
- bad faith
- violation of law
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Term
| Commissioner is given authority in: |
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Definition
- facilitating league governance
- acting as impartial authority for resolving disputes
- enfocing leagues disciplinary authority
- negotiationg league wide contracts
- representing ownership in labor negotiations with player associations
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Term
| Commissioner must follow procedural safeguards provided in league constitutio and bylaws, genrally require: |
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Definition
- notice of allegations
- fait opportunity to be heard
- "act in nest interest of game"
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Term
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Definition
- passed in 1890
- promote competition and efficiency in the marketplace
- protect consumers form the monopoly power of big business
- maintain a high level of competition among producers so that consumers are able to get products at affordable & reasonable price
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Term
Sherman Act: S1
(Restraint of Trade) |
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Definition
"Every contract, combination in the form of trust or otherwise, or conspiracy in estraint of trade or commerce is declared illegal"
- designed to protect consumers by promoting market competition
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Term
| To prove violation of section 1 of Sherman ACt |
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Definition
- E1 conduct affecting interstate commerce
- E2 an agreement among two or more distinct persons or entities
- E3 the parties under the agreement unreasonably retrains trade because its anti-competitive
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Term
| Baseball Exemption: Modified |
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Definition
- congress modified baseball's anti-trust exemption by adopting Curt Flood Act in 1998
- non- player matters in baseball still exempt from anti-trust laws
- matters directly related to players are subject to anti-trust laws
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Term
| E2: Single entity or Concerned Action? |
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Definition
| party using "single entity" defense must demonstrate that instead of being org made up of several business entities, its just one business entity |
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Term
| E3: Anti-Competitive Conduct Unreasonably Restraining Trade |
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Definition
- Per se Rule
- Rule of reason test conduct isnt inherently anti-competitive
- Balancing test
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Term
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Definition
| some conduct is so inherently anti-competitive, such as price fixing tht it violates S1 of Sherman Act |
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Term
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Definition
conduct isnt inherently anti-competitive
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Term
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Definition
| do pro competitive effects of the conduct outweigh anti-competitive effects? |
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Term
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Definition
Rule of reason typically aplied to determine if anti-competitive effects are outweighed by pro competitive effects
- team financial stability
- competitive balance among teams
- Geographical distribution of teams
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Term
| Most professional sports leagues have revenue sharing arrangements among teams |
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Definition
- Broadcasting revenues
- Licensing revenues
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Term
Sherman Act: S2
(Monopolies) |
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Definition
| prohibits monopolies in interstate commerce |
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Term
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Definition
| an org that possess exclusive control over the means of selling and producing a product |
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Term
| Violation of S2 requires: |
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Definition
- proof of control by defendant in the relevant market
- exclusionary conduct by defendant with anti-competitive effects
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