It's not a joke. There should just be an acknowledgment among reasonable people that not all rules are perfect solutions.
Why isn't anyone complaining about the NFL rule? Personally, i wish there were a 2 or 3 year college requirement, and an NCAA-provided insurance policy.
I think the NFL rule is a joke as well and Maurice Clarett sued and won in District Court before the Court of Appeals overturned the decision. I took Sports Law in Law School and here is my summary of the Clarett vs. NFL. Clarett lost because of the Rule of Reason highlighted. I always felt potential players i.e. Draft picks shouldn't be subject to the CBA until they are drafted into the league they are hoping to enter.
· CLARETT v. NFL (S.D. 2004) - FINDS FOR CLARETT AND SAYS HE CAN PLAY (SHORT LIVED)
§ Clarett wanted to play in the NFL despite his inability to comply with the league rule limiting eligibility to players three seasons removed from their high school graduation.
§ Court said: the Rule violates the antitrust laws and ordered that Clarett be eligible to participate in the 2004 NFL draft.
· The rule makes a class of potential players
unemployable
· Wages, hours and conditions affect only those who are employed or eligible for employment
· The rules don’t apply to you unless you're a party to the bargaining
· Exemption does not apply to those who are excluded from the bargaining unit
· CLARETT v. NFL (CERT DENIED, 2005) - THIS IS THE COURT OF APPEALS REVERSING IN FAVOR OF NFL
§ Same facts as above.
§ Court reversed district court's ruling and ordered Clarett be made eligible for the draft.
· Court decides to go with more of a reasonable, balancing test than the strict test under Mackey because case is distinct from
Mackey
· In regards to the 3rd prong of Mackey…
· The Union lawyers knew of all the terms and by laws when the agreement was made a conscious decision not to make a stink about the eligibility rules
Continued Viability of Antitrust Litigation in Player-Management Conflicts
· CLARETT v. NFL (REV'D AGAIN ON OTHER GROUNDS, 2nd Circuit 2004) - COURT OF APPEALS AFFIRMED, SORRY CLARETT YOU CAN'T PLAY IN THE NFL
§ Back to Clarett again.
§ Upheld NFL and said he was ineligible. Court makes a bunch of statements about how the NFL is the only game in town for football players
· Application of the Rule of Reason:
· P bears the initial burden of showing that the challenged action has had an actual adverse effect on competition as a whole in the relevant market
· After the P satisfies this burden it shifts to the D to offer evidence of the pro-competitive "redeeming virtues" of their combination
· Assuming D meets this burden, it shifts back to the P to demonstrate that any legit collaborative objectives proffered by the D could have been achieved by less restrictive means that would be less prejudicial to competition as a whole
· In conclusion:
§ Baseball is strangely exempt
§ Mackey created the policy that labor laws are preferred when dealing with the CBA's of sports teams
· Created a nonstatutory exemption to prevent antitrust claims during an impasse during bargaining for CBA's to force parties to find redress under labor laws