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14 Tex. Rev. Ent. & Sports L. 147 (2012-2013)
Beyond Brady and Anthony: The Contemporary Role of Antitrust Law in the Collective Bargaining Process

handle is hein.journals/tresl14 and id is 167 raw text is: Beyond Brady and Anthony: The Contemporary Role of Antitrust Law in the Collective Bargaining Process Kemper C. Powell INTRODUCTION In 2011, after nearly two decades of labor peace in the National Football League (NFL), turmoil between players and management arose during negotiations of the 2011 NFL Collective Bargaining Agreement (CBA), leading to the widely-publicized NFL lockout of 2011.' Though many of football fans around the globe were immediately perturbed by the ensuing work stoppage and the potential for a missed season of America's most popular sport,2 the lockout brought great potential to resolve legal issues that prior jurisprudence had consistently left unsettled. Following the players' decertification of the National Football League Players Association (NFLPA), the players turned to the courts for relief, alleging that the NFL's conduct violated antitrust law. The resulting class-action lawsuit brought by lead plaintiff Tom Brady, quarterback for the New England Patriots, presented the courts with the opportunity to finally determine the issues surrounding the so- called nonstatutory labor exemption, which serves to address the inconsistencies between antitrust and labor law. In short, the nonstatutory labor exemption protects certain conduct in the collective bargaining process from being scrutinized under the watchful eye of antitrust law. The exemption will be discussed in detail below. Shortly following the labor disruption in the NFL, similar tension arose during negotiations for the impending National Basketball Association (NBA) collective bargaining agreement. Following the expiration of the League's then-existing collective bargaining agreement, the NBA locked out its players, becoming the second pro sports league shut down by labor strife. Shortly thereafter, following a series of failed attempts to reconcile, the NBA players proceeded to follow in the footsteps of their NFL counterparts. The players, led by New York Knicks forward, Carmelo Anthony, disclaimed interest in their union, the National Basketball Players Association (NBPA), and proceeded to file suit, declaring the NBA shutdown to be illegal under the principles of antitrust law.4 Having had the opportunity to observe the NFL lockout proceedings from 1. Alex Marvez, NFL Owners Lock Out Players, FOX SPORTS (Mar. 12, 2011, 12:57), http://msn.foxsports.com/nfl/story/NFL-Players-Association-union-decertifies-labor-talks-owners-03 1111. 2. See Regina A. Corso, While Gap Narrows, Professional Football Retains Lead over Baseball as Favorite Sport, HARRIS INTERACTIVE (Jan. 20, 2011), http://www.harrisinteractive.com/NewsRoon/HarrisPolls/tabid/ 447/mid/1508/articleld/675/ctl/ReadCustom%2ODefault/Default.aspx (indicating that professional football was the favorite sport of 31% of adults polled in 2010). 3. Chris Sheridan, CBA Expires, NBA Locks Out Its Players, ESPN (Jun. 1, 2011), http://sports.espn.go.com/nba/news/story?id=6723645 (last updated July 1, 2011, 1:56 PM). 4. See infra note 98. 147