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Writing for a unanimous Supreme Court in the May 24 decision in American Needle, Inc. v. National Football League, et al., No. 08-661, the Court’s retiring antitrust scholar Justice John Paul Stevens declared that the collective licensing activities of member teams of the National Football League (“NFL”) constitute concerted action that is not immune from antitrust scrutiny under Section 1 of the Sherman Act as that of a “single entity.”
In the valedictory antitrust opinion of Justice John Paul Stevens, joined by all eight other justices, the Supreme Court held on May 24, 2010 in American Needle, Inc. v. National Football League, et al., No. 08-661 that collective licensing activities of member teams of the National Football League (NFL) constitute concerted action that is not immune from antitrust scrutiny as that of a “single entity” and therefore must be evaluated to determine whether it constitutes an unreasonable restraint of trade under Section 1 of the Sherman Act
