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74 – Antitrust

Gabriel Feldman. Brady v. NFL and Anthony v. NBA: The Shifting Dynamics in Labor-Management Relations in Professional Sports, 86 Tul. L. Rev. 831 (2012).
The author of this work uses the two cases to illustrate the changing bargaining power in negotiations between professional athletes and managers, especially regarding lockouts. Specifically, this article addresses the players’ use of antitrust law to challenge these lockouts, and suggests that managers are in the midst of clawing back power that was largely lost in the era of player unions.
{1} NEGOTIATION
{74} SUBJ MATTER: ANTITRUST
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
 
Michael H. LeRoy The Narcotic Effect of Antitrust Law in Professional Sports: How the Sherman Act Subverts Collective Bargaining, 86 Tul. L. Rev. 859 (2012).
Examining the relationship between antitrust litigation and collective bargaining, this article argues that players are becoming “addicted” to court settlement processes through the Sherman Act rather than collective bargaining. The author asserts that until the courts refrain from entertaining these suits, players will estimate that their settlement odds are much better in court and subvert the collective bargaining process.
{1} NEGOTIATION—GENERAL
{74} SUBJ MATTER: ANTITRUST
{123} SETTLEMENT: PRESSURES TO SETTLE