Antitrust

Updates

Our Special Issue Fall 2021: NCAA v. Alston is Now Online

The Harvard Journal of Sports and Entertainment Law has published its 2021 Special Issue on NCAA v. Alston. Visit the Special Issue – Alston page to read the latest exciting scholarship on the implications for professional sports leagues, the interplay of antitrust and labor in the decision, what the future may hold for college sports, […]

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The NIL Era Has Arrived: What the Coming of July 1 Means for the NCAA

From September 2019—when California became the first state to pass a name, image, and likeness (NIL) law—until now, the intercollegiate athletic community has fielded a deluge of new enacted and proposed regulations from states, Congress, the NCAA, and now individual institutions. As the proverbial NIL floor was shifting, there was one thing on everyone’s minds:

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NCAA v. Alston at the Supreme Court

March 31, 2021 marked an important moment in the history of college sports. The Supreme Court heard oral argument in a case involving the NCAA for the first time in nearly 40 years. This article provides a comprehensive summary of that argument. What is Alston and how did we get here? The question at issue

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The State of College Sports, Part 2: NIL and Alston

College sports are in a state of upheaval. Recent legal outcomes and legislative maneuvers have continued to upset the control of the NCAA as pandemic-induced turmoil has thrown competition schedules completely out of whack. The state of college sports is in flux, and this is the perfect time to check in on the industry as

Commentary

Technical Foul: When Anticorruption Enforcement in Sports Goes Too Far

By Ross Evans ’20 Editor’s Note: In light of the March 6th sentencing of the defendants in United States v. Gatto (the first NCAA hoops corruption trial), we wanted to share a piece—written by our managing editor (Ross Evans ’20) and published on The Global Anticorruption Blog (GAB) in January—that argues the federal government’s successful

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US Soccer Execs Ask Courts to Show NASL’s Suit a Red Card

This past week, Law360 reported that U.S. Soccer Federation (USSF) executives filed a motion to dismiss in the North American Soccer League’s (NASL) suit in New York state courts. NASL filed suit in February alleging a breach of fiduciary duty and a purposeful scheme by USSF executives to undermine NASL while promoting the other major

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U.S. v AT&T/Time Warner: The Antitrust Trial of the Century

On Monday, March 19th, the U.S. Department of Justice faced off against Time Warner and AT&T in what is called the Antitrust Trial of the century. With the rise of direct-to-streaming companies such as Netflix and Amazon, Hollywood has seen aggressive content consolidation, such as Disney’s proposed purchase of 21st Century Fox. The Hollywood Reporter has reported that the outcome

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“Art Bastard” Sues New York Art Museums

Last Tuesday, Robert Cendella, a painter known as “Art Bastard,” has brought a class action lawsuit against contemporary art museums in New York. He alleges in the complaint that these museums have illegally conspired with five major galleries in New York to raise the prices of the works by artists represented by those galleries. Cendella claims that a handful of

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Redbox Accuses Disney of Copyright Protection Abuse

As Disney is gearing up to establish its own streaming service, it has started cracking down on unauthorized digital downloads of its works. In November 2017, Disney sued the video rental company Redbox for breaching the terms and conditions of their licensing agreement as well as violating Disney’s copyrights in their motion pictures. In the complaint, Disney

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