An Examination of the Nonstatutory Labor Exemptions from the Antitrust Laws, in the Context of Professional Sports

Abstract

This Note explains the statutory and nonstatutory labor exemptions\u27 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\u27s length at the bargaining table, the parties will negotiate in good faith to achieve their goals