An Examination of the Nonstatutory Labor Exemptions from the Antitrust Laws, in the Context of Professional Sports
employment law, arbitration, labor law, antitrust, collective bargaining
This Note explains the statutory and nonstatutory labor exemptions' origins at the intersection of labor and antitrust law. It examines the circuit split that has left lower courts struggling to determine how long after the expiration of a collective bargaining agreement the nonstatutory labor exemption should last in the context of professional sports. It argues that a one year limit on the exemption conforms with labor and antitrust laws, and Supreme Court precedents. This Note concludes that a one-year limit will encourage the parties to bargain freely, without fear of judicial intervention. When labor and management are positioned at arm's length at the bargaining table, the parties will negotiate in good faith to achieve their goals.
An Examination of the Nonstatutory Labor Exemptions from the Antitrust Laws, in the Context of Professional Sports,
23 Fordham Urb. L.J. 955
Available at: https://ir.lawnet.fordham.edu/ulj/vol23/iss3/14