Sherman Act Basics
What must first be determined when initially examining an antitrust violation case?
Whether an agreement or contract among separate entities exists.
After the plaintiff shows harm under the Rule of Reason, what must the defendant prove?
Pro-competitive justifications
What types of agreements among competitors are analyzed in antitrust litigation?
Horizontal agreements
Which case struck down the NCAA’s television plan as an antitrust violation?
NCAA v. Board of Regents
Several NCAA member schools agree to cap all football coaches’ salaries to prevent “pay inflation.” Critics argue this suppresses wages in a competitive market. This scenario is most analogous to what type of antitrust violation?
Price fixing
What type of commerce is required to trigger antitrust?
Interstate commerce
In an antitrust case, who has the initial burden of proof?
Plaintiff
Setting minimum prices among competitors constitutes what type of antitrust violation?
Price fixing?
Which lawsuit challenged the NCAA’s use of former student-athletes’ images in video games and broadcasts without compensation?
O'Bannon v. NCAA
The NCAA limits each football team to a maximum of two playoff games per season, citing student-athlete welfare. Some schools claim this restricts revenue and competition. The legal issue raised by this restriction is most closely related to what type of antitrust concern?
Limitation on output
What must be restrained for an antitrust violation to exist?
Trade or commerce
What must the plaintiff show in the final step of the Rule of Reason framework?
That less restrictive alternatives exist
Limiting number of games broadcast is what kind of restriction?
Output restriction?
Which case struck down the NCAA’s limits on education-related benefits for student-athletes?
NCAA v. Alston
A conference rules that athletes can only sign NCAA-approved endorsement deals, preventing independent negotiations. Athletes sue, claiming this suppresses competition. What type of antitrust issue does this scenario represent?
Restriction on compensation/ NIL
What makes a restraint illegal under antitrust law?
An unreasonable restraint of trade
What type of analysis is most commonly used to evaluate antitrust violations?
Rule of Reason/ Rule of Law analysis
When NCAA member schools agree not to compete on athlete compensation, what type of restraint is this?
Horizontal restraint
Which case challenged the NCAA and its member schools for limiting grants-in-aid beyond tuition, arguing such restrictions violated antitrust law?
In re NCAA Grant-in-Aid Cap Antitrust Litigation
A Division I conference limits student-athlete stipends to $1,000 per year to preserve “amateurism.” Critics argue it suppresses compensation. Under antitrust principles, this rule could be challenged as what?
If a challenged restraint is not evaluated under the Rule of Reason, what alternative framework may be used to determine whether there is an antitrust violation?
Illegal per se analysis
What is the key economic question in antitrust cases?
Does the restrain harm competition?
What type of antitrust violation occurs when competitors agree to restrict the quantity of goods or services produced?
Limitation on output
Which case challenged the NCAA’s rules restricting NIL revenue sharing, alleging they violated antitrust law?
House v. NCAA
Several universities agree to pool and equally divide all sports broadcasting revenue, regardless of team performance. Schools with highly profitable programs claim this suppresses competition. This scenario is most similar to which real-life NCAA case?
NCAA v. Board of Regents of the University of Oklahoma