Circuit split · antitrust law
Whether the non-statutory labor exemption from federal antitrust law immunizes restraints whose only alleged anti-competitive effect is on a labor market organized around a collective bargaining relationship, and whether Connell/Jewel Tea/Pennington/Allen Bradley fix the exemption's boundaries in that setting
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Clarett v. National Football League369 F3D 124
Second Circuit Court of Appeals · May 24, 2004
“Moreover, we disagree with the Eighth Circuit’s assumption in Mackey that the Supreme Court’s deci *134 sions in Connell, Jewel Tea, Pennington, and Allen Bradley dictate the appropriate boundaries of the non-statutory exemption for cases in which the only alleged anti-competitive effect of the challenged restraint is on a labor market organized around a collective bargaining relationship.” — Disagrees with another circuit
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 8th Cir.Mackey
“Relying on Mackey, the district court below held that the non-statutory exemption provides no protection to the NFL’s draft eligibility rules, because the eligibility rules fail to satisfy any of the three Mackey factors.” — Clarett v. National Football League, acknowledging the split
- Declined to followLocal 210, Laborers' Int'l Union844 F.2d 80
- Discussed · 2d Cir.United States Football League v. Nat'l Football League842 F.2d 1335
“2 (declining to follow Mackey in favor of balancing test articulated in Jewel Tea); see also United States Football League v.” — Clarett v. National Football League, acknowledging the split
- Discussed · 2d Cir.Wood v. Nat'l Basketball Ass'n809 F.2d 954
- Discussed · 2d Cir.N. Am. Soccer League v. Nat'l Football League670 F.2d 1249
“2 (declining to follow Mackey in favor of balancing test articulated in Jewel Tea); see also United States Football League v.” — Clarett v. National Football League, acknowledging the split
- Discussed · 2d Cir.Caldwell v. Am. Basketball Ass'n66 F.3d 523
What the split turns on
- Anchor precedents:
- Connell ·
- Jewel Tea ·
- Pennington ·
- Allen Bradley
- Doctrines & tests:
- non-statutory labor exemption ·
- three Mackey factors ·
- Jewel Tea balancing test
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.