American Needle And Extended Antitrust Immunity

Law360, New York (November 3, 2008, 12:00 AM EST) -- In American Needle, Inc. v. National Football League, 538 F.3d 736 (7th Cir. 2008), the Seventh Circuit held that the NFL and its team members act as a single economic entity, immune from Section 1 scrutiny, when licensing team intellectual property rights. The decision marks the further extension of Copperweld immunity beyond the traditional parent-subsidiary relationship.

At issue in American Needle was the NFL’s corporate structure, the nature of its relationships with its member teams and the entities charged with licensing the member teams’ intellectual property....
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