Category Archives: Antitrust

O’Bannon Lawsuit Could Change the Face of NCAA Athletics

Former UCLA basketball player Ed O’Bannon began his antitrust legal dispute against the National Collegiate Athletic Association (“NCAA”) back in 2009, when he sued the NCAA for wrongfully profiting off the likenesses of former student athletes in EA Sports video games.  The suit accuses the NCAA of forcing students to waive the right to make money off of their likenesses, a behavior which amounts to an illegal restraint of trade. In a new twist, in her January ruling, federal Judge Claudia Wilken permitted O’Bannon to…

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On March 27, 2013, in a narrow 5-4 ruling, the U.S. Supreme Court reversed and remanded a Third Circuit decision upholding the class-action certification in a lawsuit accusing Comcast Corp. of unlawfully monopolizing the Philadelphia cable market. The Court’s decision to reverse the appellate court ruling hinged on the methodology the Third Circuit used in calculating damages – namely, that the decision to certify the class had impermissibly ignored expert testimony and wrongfully added damage amounts related to claims that had been dismissed.  Justice Scalia…

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As Clock Ticks Down, a Closer Look at the NHLPA’s Threat to Decertify

The National Hockey League Players Association is considering the aggressive move of disclaiming interest in representing National Hockey League Players in collective bargaining negotiations with the league. That move would technically end negotiations for a new collective bargaining agreement and open the avenue of anti-trust litigation for the players. Essentially, the NHLPA would be turning over representation of the players to the agents and the attorneys and risk desertion by groups of players that may be adversely affected by anti-trust litigation. The act of decertification…

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ChampionsWorld Shut Out in Antitrust Suit Against US Soccer

The United States Soccer Federation (USSF) and Major League Soccer (MLS) recently prevailed in an antitrust suit brought by former soccer promoter ChampionsWorld LLC in Illinois federal court. ChampionsWorld had claimed that USSF perpetuated the idea that it was in charge of all professional soccer in the U.S. (including games played by foreign teams) in order to restrain competition against MLS, thereby driving ChampionsWorld out of business. The federal judge ruled for the US soccer bodies by granting USSF’s petition to confirm an arbitration award…

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Supreme Court to Review Comcast Class Certification Appeal

The Supreme Court announced on June 25, 2012, that it will be reviewing the Third Circuit U.S. Court of Appeals’ decision in Comcast v. Behrend.  The Court will limit its review to the question of “[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.”  Comcast sought the review, arguing that the plaintiff class does not have the…

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