• Loading stock data...
Wednesday, March 4, 2026
Law

The Weekly Legal Briefing: Ain’t No Trust

(Photo via Pexels)

(Photo via Pexels)

Last week’s Weekly Legal Briefing gave an oversight of the role that Intellectual Property law plays in the sports industry.

Intellectual Property law is a broad category that encapsulates several different areas of law, including Copyright law, Trademark law, Patent law, and some aspects of Privacy law. While subsequent Weekly Legal Briefings will give a break down of each of these, it is important to examine a body of law that frequently interacts with Intellectual Property: Antitrust law.

Antitrust law was first codified in the United States in 1890 and continues to play a prominent role at the intersection of business and law. The main objective of antitrust laws are to regulate the conduct of businesses in a way that promotes fair competition for the benefit of the American consumer by blocking collusion between companies that restrain free trade either through conduct or through mergers/acquisitions of competitors. Antitrust seeks to preserve some of the fairness that is needed for a capitalistic society: these laws seek to restrict the creation of monopolies and punish monopolistic behavior.

A good way of understanding antitrust monopolies and collusion is through hypothetical examples:

This is an example of a monopoly: Pretend that McDonalds, Burger King and Wendy’s all merged into one restaurant company that we’ll call “MBKW.” MBKW would likely be considered a monopoly because, through the combination of the three entities, the new corporation has a substantial hold on the fast food market. Thus, MBKW can harm businesses by undercutting prices on a standard hamburger; this results in suppressing smaller competitors (like a local Burger shop) and other market-sized competitors (like Johnny Rockets, perhaps) from offering the same burger for the price. MBKW would also harm consumers because they would be able to “fix” prices to whatever they believe the market price should be for a standard hamburger; so, if MBKW wanted to charge x for a burger, they could because they control such a large share of the market.

This is an example of collusion: Pretend that McDonalds, Burger King and Wendy’s all maintained communication with each other and collaborated on what they believe prices should be for each good that they all (individually) sell. If the three entities agree to keep prices at a certain rate or find a way to jack up the price of a standard hamburger, they harm both consumers and competitors in the fast food market.

Because of the fair-playing field that antitrust law attempts to provide for businesses, it is often referred to as competition law in other countries.

Antitrust plays a crucial role when it comes to sports. First, Antitrust law has been the basis for many important decisions– including, O’Bannon v. NCAA (discussed in last week’s Briefing), Brady v. NFL (the 2011 NFL lockout), and Oakland Raiders v. NFL (NFL team relocation). Antitrust law also has a special role in sports– sports are one of the only industries that have a narrow exemption from antitrust law. The Clayton Antitrust Act, which is one of the main pieces of law that contribute to the overall body of antitrust law, contains an exemption that allows professional baseball from being subject to antitrust laws; this exemption was later modified and loosened by the Curt Flood Act (though the exemption still applies to Minor League Baseball). Additionally, professional sports have the Non-Statutory Labor Exemption that implicitly allows the leagues to escape liability from antitrust lawsuits because they have a negotiated Collective Bargaining Agreement.

To learn more about the role that antitrust law plays in the sports business in the United States, I recommend reading more about it here.

ANTITRUST

The European Union raided 21st Century Fox’ London headquarters as part of the EU’s antitrust investigation into Fox’s sports broadcast rights. This is important because it shows that government entities are starting to investigate whether the sports broadcasting market (which is dominated by Disney (who owns ESPN and its affiliates) and Fox. If the EU’s antitrust investigation finds that Fox is violating antitrust laws, it could lead to more competition in the sports broadcasting market for companies that are smaller than Fox and Disney.

Colin Kaepernick’s antitrust case against the NFL is still on-going; Kaepernick is arguing that, because of his social justice activism, he is being colluded against by NFL teams to keep him out of the league. Kaepernick’s legal team was allegedly given authority to interview officials from a total of three NFL teams; thus far, they have deposed officials from the Baltimore Ravens and the Houston Texans. Kap apparently had his visit with Seattle postponed on Thursday due to his unwillingness to commit to not protesting the National Anthem. Seems like Kap’s case is getting stronger; his is a case that could set future precedent for how NFL teams evaluate and employ talent.

CRIMINAL JUSTICE

Former Alabama Crimson Tide star and current NFL linebacker Reuben Foster is facing 11 years in prison after being charged with felony domestic violence. “Per the DA’s office, Foster’s victim ‘told responding sheriff’s deputies and Los Gatos police that Foster dragged her by her hair, physically threw her out of the house, and punched her in the head eight to ten times.’” Foster, who is still employed by the San Francisco 49ers, still has a job in the NFL with the same team that Colin Kaepernick and Eric Reid once did.

The FBI released an indictment that named four schools — Miami, N.C. State, Kansas and Louisville — in it’s investigation into wire fraud by NCAA member institutions. The FBI’s investigation stems from payments funneled to players from top sneaker brands through their coaches; this, a practice which has been openly occurring for years, is one that the FBI is seeking to end due to the use of federal funds by NCAA member institutions for scholarships and other uses. Three of the major parties have a trial date set for October 1st, 2018.

LITIGATION

Miami-Dade County is looking to recover damages from the Marlins due to non-payment to the county upon sale of the team. The County, which sued the Marlins in state court, is now faced with a different, more peculiar issue in the case. The Marlins, who wish to have the case removed to federal court, are claiming citizenship in the British Virgin Islands so that they meet the jurisdictional requirements in federal court. This case, the epitome of why government entities should be careful when financing stadiums for privately owned teams, continues to get more bizarre.

STADIUM DESIGN

Both the Chicago Cubs and San Francisco 49ers, teams which sit on the opposite sides of the stadium construction spectrum, are being sued for their lack of wheelchair access under the Americans With Disabilities Act. The lesson is simple: whether you are building a new stadium or renovating an old one, make the games accessible to every single kind of fan.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Nicole Silveira

The Tattoo Marking Membership in the Most Exclusive Club in Sports

For athletes, the Olympic rings tattoo is “about everything it took.”
Dec 25, 2025; Denver, Colorado, USA; Denver Nuggets forward Spencer Jones (21) reacts against the Minnesota Timberwolves during the second half at Ball Arena.

Young Athletes Have Entered Their LinkedIn Era

Athletes can’t play forever. Some are laying the groundwork for Act 2.
[Subscription Customers Only] Jun 15, 2025; Seattle, Washington, USA; Botafogo owner John Textor inside the stadium before the match during a group stage match of the 2025 FIFA Club World Cup at Lumen Field.

The American Sports Owners Feuding Over a French Soccer Team

John Textor is at odds with Michele Kang and investment giant Ares.
[Subscription Customers Only] Jul 13, 2025; East Rutherford, New Jersey, USA; Chelsea FC midfielder Cole Palmer (10) celebrates winning the final of the 2025 FIFA Club World Cup at MetLife Stadium

Soccer’s ‘Crown Jewels’ Are Devouring Smaller Clubs

Mega conglomerates are feeding a big business machine. Fans are furious.

Featured Today

Feb 10, 2026; Cortina d'Ampezzo, Italy; Cory Thiesse and Korey Dropkin of the United States during the curling mixed doubles gold medal game during the Milano Cortina 2026 Olympic Winter Games at Cortina Curling Olympic Stadium

Curling Clubs Are Swept Up in Olympics Fever. Can It Last?

Every four years, organizations field an influx of curling-curious patrons.
Max Valverde by Ron Winsett
February 17, 2026

How Ski Mountaineering’s Hype Man Went From TikTok to NBC

Max Valverde’s gushing over the niche sport vaulted him to Olympic broadcaster.
Feb 11, 2026; Livigno, Italy; Jaelin Kauf of the United States during freestyle skiing women's moguls final during the Milano Cortina 2026 Olympic Winter Games at Livigno Aerials & Moguls Park
February 13, 2026

The Surprise Hit of the Winter Olympics: First-Person Drone Views

Tiny drone cameras have reshaped the Olympics viewing experience.
Feb 11, 2026; Milan, Italy; Madison Chock and Evan Bates of the United States skate during the Milano Cortina 2026 Olympic Winter Games at Milano Ice Skating Arena.
February 13, 2026

Olympic Figure Skaters Pay Out of Pocket for $9,000 Costumes

For four minutes on ice, stakes are high—and prices even higher.
A Reebok garment display is seen at a Walmart Supercenter on W. Greenfield Ave. on Thursday November 20, 2025 in West Milwaukee, Wisconsin.

Reebok, On, and Other Sports Retailers Demand Tariff Refunds

Reversing tariffs will generate up to $175B in refunds, says one group.
Feb 12, 2026; Los Angeles, California, USA; A Nike All Star 2026 display at Nike The Grove.
February 20, 2026

Sportswear Companies Big Winners of Trump’s Supreme Court Tariff Loss

The justices said the tariffs exceed the president’s “legitimate reach.”
Sep 15, 2024; Arlington, Texas, USA; Boxer Mike Tyson on the field before the game between the Dallas Cowboys and New Orleans Saints at AT&T Stadium.
February 26, 2026

Mike Tyson’s Former Weed Biz Partners Countersue in Delaware 

They are concerned about the value of their shares in Tyson 2.0.
Sponsored

From USWNT Star to NWSL Franchise Founder

Leslie Osborne, former USWNT midfielder, shares how athletes are moving from the pitch to the ownership table.
Michael Rubin; Feb 18, 2024; Indianapolis, Indiana, USA; Fanatics owner Michael Rubin attends the 73rd NBA All Star game at Gainbridge Fieldhouse.
February 19, 2026

Inside Fanatics’s Battle to Block a Polymarket Hire

The two sides informed the court that they have reached a settlement.
Nov 13, 2024; Irving, TX, USA; Mike Tyson speaks to the media about his upcoming fight with Jake Paul at The Pavilion at Toyota Music Factory.
February 12, 2026

Mike Tyson, Ric Flair’s Ex-Weed Biz Partners Get More Time to Respond..

A new scheduling conference is slated for April 13. 
exclusive
February 4, 2026

Chicago Sky ‘Self-Dealing’ Suit Is Reminder of WNBA’s Painful Past

A minority investor sued team co-founder Michael Alter last week.
A view of a Nike retail store in New York City.
February 4, 2026

Feds Probing Nike for ‘Systemic’ Discrimination Against White Workers

“This feels like a surprising and unusual escalation,” Nike said.