American Needle: Sea Change Or Steady As She Goes?
July 6, 2010, 11:49 AM EDT
Law360, New York (July 6, 2010, 11:49 AM EDT) -- In American Needle Inc. v. NFL, the U.S. Supreme Court held that competitors participating in the joint venture analyzed in that case were not immune from scrutiny under Section 1 of the Sherman Act even if they acted together through a single entity. 2010 U.S. LEXIS 4166 (U.S. May 24, 2010) at * 33.
Based on various articles published since that decision, many commentators appear to view American Needle as representing not only a retraction from Texaco v. Dagher, 547 U.S. 1 (2006), but also a...