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New NBA Age Rule: It's Not Okay If It's A Three-Way
This is because Commissioner Silver Apuestas Deportivas Golf Betting Online Bingo Tom Brady betting odds to win Poker Madden Betting Pandemonia believes it is okay for him to negotiate the new age rule as a three-way conversation among NBA team owners, the players union, and the leaders of college basketball.
Antitrust law, however, would likely disagree. Under antitrust law, the new NBA age rule would not be okay if its a three-way.
The new rule wont stay if its a three-way.
Put Mark Emmert in the middle and theres no leeway. The NBA cant collude with the NCAA.
The federal statute that prevents the NBA from entering into a three-way conversation over the leagues minimum age rule is Section One of the Sherman Antitrust Act. That statute, in pertinent part, states that [e]very contract, combination or conspiracy, in the restraint of trade or commerce is declared to be illegal.
Based on this statutory language, courts have long prohibited any sports league with market power from unilaterally implementing a league-wide age requirement. For instance, in the early 1970s California federal courts struck down an NBA rule that had attempted to require high school basketball players to wait four full years after their graduation before entering the league.
Over time, courts have come to recognize the need for a narrow exemption from Section One of the Sherman Act to protect collectively bargained agreements between employers and their unions if reached through the proper workings of collective bargaining. Many courts have further limited this exemption from antitrust law to aspects of those agreements that primarily affect only the parties to the collective bargaining relationship.
Many of todays sports leagues age requirements seem to fall under this exemption.
Nevertheless, the three-way negotiation proposed by Adam Silver to the NCAA and its players union does not fit as neatly into the non-statutory labor exemption. Reason being, there is no labor law duty for the NCAA to negotiate with the NBA players over terms for entering the NBA.
To the contrary, the NCAA is a potential competitor of the NBA for the limited purposes of securing the services of college-age athletes. Thus, the NCAAs involvement in a bargaining negotiation with the NBA over a new league age rule seems a lot more like an illegal market allocation than a permissible form of labor cooperation.
Indeed, even under antitrust law, the suggestion of a three-way is generally a bad idea.
Marc Edelman is an Associate Professor of Law at the City University of New Yorks Baruch College, Zicklin School of Business, where he has published more than 25 law review articles on sports law matters. His most recent articles include A Short Treatise on Amateurism and Antitrust Law and The Future of Amateurism after Antitrust Scrutiny.
2015 Kentucky Derby Odds
Kentucky Derby week is one of the most thrilling times of the year. This race is known as "The Most Exciting Two Minutes in Sports" for its approximate time length.
Check 2015 KY Derby Schedule May 1 and 24 at Sportsbook.com
Odds to Win 2015 Kentucky Derby
NEW ORLEANS HORNETS (3-11) at HOUSTON ROCKETS (7-7)
Tip-off: Thursday, 8:05 p.m. ET
Line: Houston -10, Total: 184
Houston has a golden opportunity to stretch its SU winning streak to five (and ATS win streak to eight) when it hosts New Orleans Thursday night.
Not only are the rebuilding Hornets traveling for a back-to-back after hosting Memphis on Wednesday, but they’re going to be without their best player, SG Eric Gordon (knee), for a ninth straight game. The Rockets are well-rested and have pounded teams at home this year, winning four of their six home games by 11 points or more. They’re 5-1 SU and 6-0 ATS at the Toyota Center. HOUSTON is the pick to win and cover the big spread.
The Rockets enter this game not only looking for their fifth SU win in a row, but also for their eight straight ATS win. They hammered Detroit at home on Tuesday, 97-80, despite having played in a game at Washington the night before.
Their inside-outside combo of PG Kyle Lowry (17.3 PPG, 6.6 RPG, 8.7 APG) and PF Luis Scola (15.7 PPG, 5.9 RPG) is already one of the most productive, yet underrated, duos in the NBA. And now Houston is starting to get big production from newly signed C Samuel Dalembert (8.4 PPG, 7.6 RPG), who is averaging 15.3 PPG on 69.2% shooting from the field, 11.8 RPG and 2.0 BPG over the past four contests. And while SG Kevin Martin (17.4 PPG) has been slumping on the road (15.5 PPG, 18.4% shooting from three), he’s averaging 20.0 PPG and hitting 40.0% of his threes at home.
Things seem to keep getting worse for New Orleans. Gordon was the closest thing they had to a franchise player after the Chris Paul trade, but he’s played in just two games this season.
They have played relatively well on the road, going 2-4 SU but 4-2 ATS. And the return of SF Trevor Ariza (11.2 PPG) for Wednesday night’s loss to Memphis at least provided a boost to their anemic offense (86.7 PPG, 3rd-worst in NBA). New Orleans has yet to hit the 100-point mark in a game this season, reaching 90 just five times in 14 games. After missing eight games with a groin injury, Ariza had 18 points on 7-for-13 shooting, five rebounds and seven assists against Memphis. But aside from he and PG Jarrett Jack (16.4 PPG, 7.4 APG), the Hornets are struggling to score as C Chris Kaman (10.1 PPG, 7.1 RPG) struggles to adjust to his new team, and PF Carl Landry (11.6 PPG) has been in and out of head coach Monty Williams’ doghouse.