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CITY OF OAKLAND v. OAKLAND RAIDERS

No. 20-16075.

20 F.4th 441 (2021)

CITY OF OAKLAND, Plaintiff-Appellant, v. OAKLAND RAIDERS, a California Limited Partnership; Arizona Cardinals Football Club, LLC; Atlanta Falcons Football Club LLC; Baltimore Ravens, LP; Buffalo Bills, LLC; Panthers Football, LLC; Chicago Bears Football Club, Inc.; Cincinnati Bengals, Inc.; Cleveland Browns Football Company, LLC; Dallas Cowboys Football Club, Ltd.; PDB Sports Ltd.; Detroit Lions, Inc.; Green Bay Packers, Inc.; Houston NFL Holdings, LP; Indianapolis Colts, Inc.; Jacksonville Jaguars LLC; Kansas City Chiefs Football Club, Inc.; Chargers Football Company LLC; The Rams Football Company, LLC; Miami Dolphins, Ltd.; Minnesota Vikings Football LLC; New York Football Giants, Inc.; New York Jets, LLC; Philadelphia Eagles LLC; Pittsburgh Steelers LLC; Forty Niners Football Company LLC; Football Northwest LLC; Buccaneers Team LLC; Tennessee Football, Inc.; Pro-Football, Inc.; National Football League; New England Patriots LLC; New Orleans Louisiana Saints, LLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 2, 2021.

Attorney(s) appearing for the Case

Michael M. Fay (argued), James W. Quinn , Jenny H. Kim , and Emily Burgess , Berg & Androphy, New York, New York; Bruce L. Simon , Pearson Simon & Warshaw, LLP, San Francisco, California; Clifford H. Pearson , Michael H. Pearson and Thomas J. Nolan , Pearson Simon & Warshaw, LLP, Sherman Oaks, California; Barbara Jean Parker , Maria Bee , and Malia McPherson, Office of the City Attorney, Oakland, California, for Plaintiff-Appellant City of Oakland.

Daniel B. Asimow (argued) and Kenneth G. Hausman , Arnold & Porter Kaye Scholer LLP, San Francisco, California; Jonathan I. Gleklen , Arnold & Porter Kaye Scholer LLP, Washington, D.C.; for Defendant-Appellee The Oakland Raiders.

John E. Hall , Gregg H. Levy , Derek Ludwin , and Benjamin J. Razi , Covington & Burling LLP, Washington, D.C., for Defendants-Appellees The National Football League and all NFL Clubs other than The Oakland Raiders.

Makan Delrahim Assistant Attorney General; Michael F. Murray , Deputy Assistant Attorney General; Daniel E. Haar and Jeffrey D. Negrette , Attorneys; Antitrust Division, United States Department of Justice, Washington, D.C.; for Amicus Curiae United States of America.

Before: A. WALLACE TASHIMA and PATRICK J. BUMATAY, Circuit Judges, and DOUGLAS L. RAYES, District Judge.

OPINION

Plaintiff City of Oakland (the "City") alleges that the National Football League ("NFL") and its thirty-two member teams (collectively, "Defendants") have "created artificial scarcity in their product (NFL teams), and then used that scarcity ... to demand supra-competitive prices from host cities." First...

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