Monday, October 12, 2026
  • -
    days
  • -
    hours
  • -
    minutes
  • -
    seconds
Law

The Weekly Legal Briefing: Ain’t No Trust

(Photo via Pexels)

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

(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.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Action Images/Peter Cziborra

Is Leicester City’s $264 Million Price Tag Too Rich for Hungry Investors?

After falling from grace, how much is a former top club worth?
Oct 3, 2026; Starkville, Mississippi, USA; Alabama Crimson Tide head coach Kalen DeBoer waits to run onto the field prior to the game against the Mississippi State Bulldogs at Davis Wade Stadium at Scott Field. Mandatory Credit: Petre Thomas-Imagn Images

Who Is Alabama Football in Year 3 Under Kalen DeBoer?

The No. 6 Crimson Tide host No. 2 Georgia on Saturday.
Cubs behind the scenes

Hollywood and TikTok: Sports Media’s New ‘Blueprint’

Teams and leagues are pouring money into the quest for fans.

How the Baseball Cap Became a ‘Behemoth’

The hat has become essential for athletes, fans, and the sports-agnostic.
podcast thumbnail mobile
Front Office Sports Today

10/9/26 – MLB’s 154-Game Pitch, NFL Bets on SCOTUS, Shaq Says Barkley Isn’t Leaving

0:00

Featured Today

Morishita-Sato-homerun-celebration-at-Meiji-Jingu-Baseball-Staidum-2025

Japanese Baseball Is Fighting Back Against MLB Talent Drain

Nippon Professional Baseball is reimagining how to be a global juggernaut.
Aug 9, 2026; Bedminster, New Jersey, USA; President Donald Trump walks out of the clubhouse during the final round of the LIV Golf New York tournament at Trump National Bedminster.
September 25, 2026

Trump’s Year of Sports Gets Busier With CFB, Presidents Cup

The impact of Trump’s attendance varies across each sporting event.
A Bar of Their Own
September 25, 2026

Women’s Sports Bars: Novelty Has Worn Off, ‘That’s a Good Thing’

They’re leveling up, but sustainability remains the first consideration.
Hot & Social/Mets
September 18, 2026

Sports Teams Are Playing a New Role: Matchmaker

The latest promotion at the stadium? Love.
Exclusive
September 18, 2026

Vicious Infighting Is Jeopardizing the Future of Women’s Baseball

The WPBL’s own CEO admits there’s a “power struggle.”

WPBL Records Case Alive Despite Board Member’s Firing

The league’s CEO tried to end the board member’s case by firing her.
Polymarket logo appears in this illustration taken April 22, 2026.
September 24, 2026

New York Takes Aim at Polymarket With $4.6B Suit

“Our gambling laws exist to protect New Yorkers.”
Mar 16, 2026; Inglewood, California, USA; LA Clippers owner Steve Ballmer reacts against the San Antonio Spurs in the first half at Intuit Dome. Mandatory Credit: Kirby Lee-Imagn Images
Exclusive
October 2, 2026

Ballmer Drops Lawyer Who Called NBA Probe a ‘Witch Hunt’

O’Melveny & Myers had been representing Ballmer in multiple matters.
Sponsored

Beyond the Scorecard: How Dow Is Putting Purpose at the Center of Women’s Golf

Discover how Dow and the LPGA are building a partnership with lasting impact.
September 17, 2026

Mark Walter and His Insurance Empire Face New Class Action Suit

An annuity holder sued the owner of the Dodgers and his companies.
Mar 21, 2026; Dallas, Texas, USA; LA Clippers forward Kawhi Leonard (2) looks on during the game between the Mavericks and the Clippers at American Airlines Center. Mandatory Credit: Jerome Miron-Imagn Images
September 11, 2026

Kawhi Leonard Saga Enters Uncharted Territory With Federal Probe

News of the probe comes a week after the NBA announced its punishment.
Cortlandt defeats Pearl River 7-2 in ice hockey action at Bear Mountain Ice Rink in Stony Point on December 16, 2025.
September 11, 2026

Parents Sue Black Bear Sports Over Youth Hockey Hotel Tactics

The suit seeks at least $5 million in damages.
September 3, 2026

Enes Kanter Freedom Sues Chicago Sky, City of Chicago

Sky owner Michael Alter said Freedom “made himself into a threat.”