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SportsLaw_(BakerVierra)_FO7
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Page 1 of 1
Exam taken with Soffest v8.S
ID __0 Stephen L. ...
1)
conspiracy to constrict trade" is illegal. The three new rules are an agreement between the
clubs and the league and all three constrict trade in some way (1 Limits the fighters ability to
ply his trade 2. limits how much money the fighter can make & 3. requiers that a fighter pay
half his endorsement contracts to the league). Because they constrict trade, they would seer,
to be violations of the act. But Courts have incertered the term unreasonable, which gives rise
to the rule of reason The test is now "every agreement, contract or conspiracy to
It is possible for the challengers to avoid this rule of reason by claiming that the
new rules are per se violations of the act. This is an uphill battle. In order for for the court to
find a per se violation the rule must be so void of justice that it is illegal on it face, such as when
the action is a naked restaint with no other purpose than to stiffle competion. Mostly, we are
talking about price fixing, territorial exclusion, tie in agreements and boycotts. None of
specific examples seem to be applicable, the possible exception being rule 3. even though rule
3. does not envolve price fixing or the like, it may be deemed so void of justice as to be naked
on its face (if the lawyer is good enough). For out purposes, we will assume that all three new
Page 1 of 6
Mr
(Question 1 continued)
The legue will also attept to avoid the rule of reason test with an affirmative
defense known as the non-statutory labor exemption labor exemption. The league will have to
meet each of three requirements to use this defense: 1) The parties must be parties to a CBA,
2) the new rules must be appropriate subject matter for the cba {specifically wages, hours, and
working conditions}, and the rules must have been subject to good faith negotiations.
As far as rule 2 and 3 are concerned, the parties can be easily defined as parties
to the CBA. As members of the union, all players are subject to the collective bargining
agreement along with the league. Bronco has another argument: He has never been in the
league and has never been a member of the union. He certainly wansn't a member when the
agreement was signed. His argument centers around the fact that he was not personally
represented at the bargining table. The argument makes sense, but the courts have ruled
otherwise. In past decisions, the courts have found the future players are subject to the C
because the Union reprents both current and future players. Therefor, rules 1,2, and 3 pass
Element two: Are the rules the appropriate subject matter of the CBA?
statement as to how much a fighter can make, it does basicly set a number of hours a person
under the age of 20 may work: zero, and it may have been seen as a rule concerning working
conditions by defining the type of work a person under 20 can do (none). These arguments are
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Mr.
(Question 1 continued)
ID Mr
SportsLaw_(BakerVierra Fa? Stephen L
definate reaches, but a good lawyer may be able to get the court to see it thier way. It is
Rule 2: This rule directly impacts salary and therefor it satisfies the second
Rule 3: If may effect working conditions because it basically creates a fee for
marketing activities. this is a very big streach and probably does not satisfy the requirement.
do not think that it effects salary because it does not deal with how much money the athlete is
paid as a result of has participation in the league, it effects out side income
Element three: Are the rules the result of good faith negoations?
None of the three rules may be found in the collective bargining agreement,
for. The league may try to argue that rule one was bargained for because there were
discussions about it in the meetings This, however, is more likely to favor Bronco because he
can argue that if it was mentioned, but not agreed to, then it is likely that part of the final /
bargain was NOT to include an age limit in the CBA Since the three new rules were not I
bargained for at arms length they do not satisfy rule element number three
The league may try to argue that the language of incorpating the ~Ies
regulations as amended from time to time allows them to change the rules willy nil~.
clause is too vaugue to be enforced and does not allow the league to add labor rules that here
not bargained for at arms length so it doesn't save the leagues arguement.
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(Question 1 continued)
SportsLaw_(BakerVierra)_FO7 Mr Stephen L
Therefor, the leagues new rules are not exempt under the NSLE
Since the labor exemption does not apply it will now fall upon the plaintiffs to
show that the League has violated the Sherman Anti-trust act and the rule of reason. This is a
There answer here is yes, there are at least two parties envoled in all three of the
new rules
On at least rules one and two there is an attempt to restain trade. The intent in
rule one is to prevent a person from praticipating in their trade and in rule two the intent is to
limit the amount of money a fighter can make by participating in their trade. Rule three is a little
more complicated. The intent is not really to restrain trade but rather to profit from trade. In
fact, the league would probably prefer that the players market themselves more so the league
Rules one and two meet element two but rule three does not.
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ID:
(Question 1 continued)
ID sportsLaw_(BakerVierra Stephen L.
For rule one, yes. Bronco wants to ply his trade and cannot. for rule two, yes
no fighter can make negotiate for a higher salary than the one set forth in the rule. Rule three
effects
For rules one i think the answer is no. The saftey and dignaty of the sport may
be at risk. the league and its fans do not want to see a fighter get killed because he was to
young to be in the ring. this outweighs Broncos want to fight. Rule two is no: The league may
want to make sure that money is spread round to fighters, but this does not outweigh the anti-
competibe effect of letting fighters negotiate for their own salry, especially since there is a
salary cap that will already dictate the maxium a fighter can make ($400,000). Rule 3, Yes, for
Rule 1 I'm sure that there are in fact less restrictive means, such as indiviual
assments of strength and skill. Thoose however may be deemed too subjective and difficult to
Rule 2: there are less restrictive means to make sure salaries are spread
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(Question 1 continued)
SportsLaw_(BakerVierra)_FO7 Mr Stephen L.
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