After American Needle, Is Everything Old New Again?
August 3, 2010, 12:55 PM EDT
Law360, New York (August 3, 2010, 12:55 PM EDT) -- Justice John Paul Stevens’ exit as the U.S. Supreme Court’s eminence grise of antitrust jurisprudence — authoring the unanimous May 24 opinion in American Needle Inc. v. NFL, holding that the NFL member teams’ collective licensing activities are subject to antitrust scrutiny under the rule of reason — was hardly a quiet one.
In only a few weeks, considerable commentary and impressive scholarship already have emerged concerning American Needle’s likely future impact on sports leagues and whether the decision can be harmonized with the joint venture...
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