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University of Miami Law Review

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In a nation where sports entertainment is such a vital part of the American experience, it is somewhat surprising that the precise law governing the relationship between professional sports leagues and the Sherman Act is so noticeably confused and unsettled. Those who have sought uniformity in this area of law and scholarship had hoped to achieve some level of consistency between the highly developed principles embodied in traditional antitrust law, and that which seems to have evolved in the sports entertainment industry. What has remained from this academic if not athletic exercise is certainly not coherence, but rather a series of vague assumptions about the nature of sports league economic organization. Without offering meaningful guidance as to the potential liability of various trade practices, these assumptions only serve to highlight the inability of courts to apply the antitrust laws in a reasoned and consistent way that recognizes the considerable consumer welfare implications that sports league entertainment provides.