With the Super Bowl just concluded and this weekend’s All-Star Game marking the halfway point of the 2010-11 NBA season, the impending expiration of the NFL and NBA collective bargaining agreements — on March 4 and July 1, respectively — is fast approaching, and the contentious negotiation of new agreements in each sport promises to work its way into more headlines as the year continues.
While much of the coverage will likely focus on the finer points of the parties’ substantive disagreements, it is the legal bases of the parties’ bargaining positions that will shape the ultimate outcome in each league. And as scholars and practitioners of antitrust law know, one of the most important subtexts of collective bargaining in American professional sports is the prospect of litigation against the leagues under the Sherman Antitrust Act.
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