By Emily Unger When the Sherman Act was enacted in 1890, it is likely that lawmakers did not consider its application to the labor market.[1] The Act, which focuses on broadly preventing behavior that would stifle competition, has mainly been applied on the seller-side as a way to protect consumers.[2] However, with the rise of wage-fixing and…
Tag: antitrust
The Death of Amateurism in the NCAA
Introduction: Name, Image and Likeness Compensation in the NCAA In October 2019, the National Collegiate Athletic Association (NCAA) announced a major change in its rules: student-athletes will be permitted to receive compensation for the use of their name, image and likeness (NIL).1 The announcement represented a reversal from the NCAA’s previous position that “in order…
Cartel Leniency Following the Wind of Change
On July 11 of this year, the Assistant Attorney General of the Department of Justice Antitrust Division, Makan Delrahim, announced a new policy to incentivize criminal antitrust compliance.1 Prior to this announcement, the only avenue for culpable antitrust violators to avoid trial or a guilty plea was to be the first company in their cartel…
The Burden of Pharmaceutical “Evergreening” Strategies on American Health
“Too many Americans simply cannot afford lifesaving medicines.”1 Consequently, “[s]ome patients delay essential care, cut their pills in half, or skip drug treatment altogether, all because of unaffordable drug prices, and their health suffers as a result.”2 All of us will most likely need to take prescription drugs sometime in our lives, if not already….
Education or Exploitation: How Alston v. NCAA Could Change the Game
On March 8, 2019, Judge Wilken, a California District Court judge, ruled for the second time that the NCAA is unlawfully conspiring to suppress compensation of student athletes who play at the highest level of college football and basketball.1 This case, Alston v. NCAA, featured former and current Division I athletes seeking an injunction against…
T-Mobile-Sprint Merger and Antitrust Scrutiny
On April 29, 2018, Sprint and T-Mobile announced an agreement to merge the two companies. Though this is exciting news, we have been here before. On-and-off discussions between Sprint and T-Mobile have been ongoing for over four years. The most recent set of discussions took place in the fall of 2017. However, on November 4,…
The XFL: A Single Entity on its Second Life
In January, Vince McMahon, Chairman and CEO of the popular World Wrestling Entertainment, announced that he would be recreating the XFL, a professional football league that will begin competing during the offseason of the National Football League (NFL) in 2020.1 This will be McMahon’s second crack at the XFL; his first attempt, in 2001, collapsed…
Illegal Motion: The Breach of Contract Lawsuit over the Relocation of the Los Angeles Rams
When Stan Kroenke bought a majority share of the St. Louis Rams in 2010, he did so while making an assurance that he was going to do everything he could to keep the Rams in St. Louis.1 And yet, less than six years after taking control, Kroenke and the Rams got league approval to move…
Corruption Scandal in College Basketball
In the sportswear industry, Nike is the main player, but well-known competitors Adidas, Under Armour, and others are constantly attempting to improve their position in the market. One way an apparel company can gain an edge is to sign superstar athletes to wear their gear and advertise their brand. Famously, professional basketball players LeBron James,…
Google Under Investigation in Missouri – Will the Tech Giant be Fined, or Need to Change its Practices?
On Monday, November 13, the Attorney General of Missouri, Josh Hawley, opened an investigation into Google’s business practices, looking into the possibility that the tech giant violated the state’s consumer protection and antitrust laws.1 The AG said that “the state’s preliminary investigation had found that Google may be collecting more information from users than the…