Overview
It is tempting to analyze sports leagues and associations as collaborations
among horizontal competitors. However, the potentially anticompetitive
consequences of such collaboration—monopsonization of input
markets such as “the market for player services” or monopolization
of output markets like “the market for teams”—may
be more apparent than real.
Barnstorming teams can exist without leagues, but individual barnstorming
teams’ output, such as that of the Harlem Globetrotters, differs
from league output, such as that of the Chicago Bulls. The member
clubs of the major United States sports leagues exist for the primary,
if not sole, purpose of participating in their respective leagues,
not to barnstorm. Sports leagues and other coordinating bodies have
successfully argued, in courts and elsewhere, that they are more
accurately analyzed as joint ventures, if not single entities, rather
than unrelated, independent economic agents.
The league, the very instrument that purportedly threatens competition
among teams, is necessary for teams’ existence. Rules potentially
affecting the division of economic benefits—for example, rules
regarding competition for players or rules regarding team movement—may
have pro-competitive justification. Indeed, industry observers tend
to acknowledge that rules limiting the number of players per team
or club membership in a league are necessary for league survival.
Focusing on collaboration among and between league co-owners and
input suppliers over the division of rents while acceding that collaboration
on quantity and quality are fundamental to team and league existence,
turns conventional antitrust analysis on its head. Such a focus on
division of rents rather than on quantity and quality of league output
underlies much sports litigation.

Experience
EI economists have worked in various sports industries examining
league conduct to determine whether league rules are likely to diminish
competition in any way, and, if so, whether there are pro-competitive
justifications.
EI economists have consulted for several sports leagues and associations,
including
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National Football League |
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National
Basketball Association |
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National
Hockey League |
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National
Collegiate Athletic Association |
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Indy
Racing League |
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NASCAR
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Notwithstanding the import and complexity of the liability questions
in sports litigation, analysis of damages may also warrant special
attention. For example, in the United States Football League v. National
Football League, EI economists demonstrated that there was no reasonable
basis for concluding that the NFL had caused any harm to the USFL,
regardless of any harm the NFL may have caused to competition. Similarly,
in McNeil v. National Football League, EI economists demonstrated
that even if the player reservation rules at issue in that litigation
were unduly restrictive, those rules also may have benefited certain
players by protecting them from competition from other players.

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