
Critics have long argued that the NFL gets an unfair pass under antitrust law. The Sports Broadcasting Act of 1961 allows the league to do things that would normally raise legal red flags, including pooling all 32 teams’ television rights and negotiating media deals as one entity. That kind of coordinated behavior is exactly what the Sherman Antitrust Act of 1890 was designed to scrutinize.
But measured by what matters most under modern antitrust law — consumer welfare — the NFL’s exemption looks far less like a sweetheart deal for billionaires and much more like a good deal for fans.
The irony of stripping the NFL’s exemption in the name of protecting fans is that fans would likely end up worse off.
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Antitrust law generally asks a simple
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