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A Free Pass On Antitrust Scrutiny For NFL Teams

Law360 (October 23, 2008, 12:00 AM EDT) -- The United States Court of Appeals for the Seventh Circuit has held that the National Football League is a single entity for purposes of licensing team trademarks, thus freeing the NFL's licensing decisions from Sherman Act § 1's prohibition against group conduct that unreasonably restrains trade. American Needle Inc. v. NFL, No. 07-4006 (7th Cir. Aug. 18, 2008).

The court also held that Sherman Act § 2's prohibition against unilateral conduct establishing or maintaining a monopoly did not constrain the NFL's decision to grant an exclusive license for...
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