About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 1 (June 22, 2004)

handle is hein.crs/crsaioi0001 and id is 1 raw text is: Order Code RS21869
June 22, 2004
CRS Report for Congress
Received through the CRS Web
Clarett v. National Football League and the
Nonstatutory Labor Exemption
in Antitrust Suits
Nathan Brooks
Legislative Attorney
American Law Division
Summary
On May 24, 2004, the United States Court of Appeals for the Second Circuit
delivered its opinion in Clarett v. National Football League. In that case, a former
college running back challenged on antitrust grounds the NFL's so-called three-year
rule, which prohibits players from entering the NFL Draft unless they are three years
removed from high school. The Second Circuit ruled that the three-year rule is protected
from antitrust challenges by the nonstatutory labor exemption, which shields the
collective bargaining process from antitrust scrutiny in deference to federal labor laws.
This report will be updated as events warrant.
Introduction. Maurice Clarett starred as a running back for the Ohio State
Buckeyes in 2002, helping his team to the national championship and earning Big Ten
Freshman of the Year honors. The next season, however, he was suspended from the
football team after the University found that he had accepted thousands of dollars worth
of improper benefits and lied to investigators. Rather than return to Ohio State for his
junior year, Clarett elected to declare for the National Football League (NFL) Draft. The
NFL would not allow Clarett to enter the draft, however, citing League rules requiring
players entering the draft to be three years removed from high school.
Clarett filed suit against the NFL, arguing that the three-year rule acts as an
unreasonable restraint on trade in violation of sections one and two of the Sherman
Antitrust Act' and the Clayton Act.2 The NFL argued that its three-year rule is shielded
from antitrust scrutiny by the non-statutory labor exemption. The district court found for
Clarett,3 making him eligible for the 2004 NFL Draft. As the Draft was quickly
1 15 U.S.C. §§ 1, 2.
2 15 U.S.C. §§ 12-27.
3 Clarett v. National Football League, 306 F.Supp.2d 379 (S.D.N.Y. 2004) [hereinafter Clarett
(continued...)
Congressional Research Service **** The Library of Congress