Carney: Broadway's Blackout Looks Illegal

Carney: Broadway's Blackout Looks Illegal


Broadway appears to have stumbled into lawbreaking territory this week when it declared that ticket sales would be suspended until May 30 of 2021.

The Broadway League announced Friday that theaters are going to remain closed at least through next May 30, which the New York Times points out would be 444 days “after all 41 theaters went dark as part of New York’s effort to slow the spread of the coronavirus.”

A Broadway League representative said that May 30 was the earliest theater owners would sell tickets, but the date after that when shows would restart would be up to individual theaters.

Antitrust laws, however, prohibit competitors from reaching agreements in restraint of trade. And an agreement among theater owners not to sell tickets sure sounds like a restraint of trade.

Professor Einer Elhauge,  who served as chairman of the Antitrust Advisory Committee to the Obama Campaign and teaches at

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