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AMERICAN NEEDLE, INC. v. NATIONAL FOOTBALL LEAGUE

No. 08-661.

130 S.Ct. 2201 (2010)

560 U.S. 183

AMERICAN NEEDLE, INC., Petitioner, v. NATIONAL FOOTBALL LEAGUE et al.

Supreme Court of United States.

Decided May 24, 2010.

Attorney(s) appearing for the Case

Glen D. Nager, Washington, DC, for petitioner.

Malcolm L. Stewart, for the United States as amicus curiae, by special leave of the Court, supporting neither party.

Gregg H. Levy, Washington, DC, for respondents.

Meir Feder, Andrew D. Bradt, David M. Cooper, Jones Day, New York, NY, Jeffrey M. Carey, Northfield, IL, Glen D. Nager, Counsel of Record, Joe Sims, Jones Day, Washington, DC, for petitioner.

Lori Alvino McGill, Latham & Watkins LLP, Washington, DC, Timothy B. Hardwicke, Counsel of Record, Latham & Watkins LLP, Chicago, IL, for Respondent Reebok International Ltd.

Eugene E. Gozdecki, Gozdecki, Del Giudice, Americus & Farkas LLP, Chicago, IL, Gregg H. Levy, Counsel of Record, Derek Ludwin, Leah E. Pogoriler, Covington & Burling LLP, Washington, DC, for NFL Respondents.

Justice STEVENS delivered the opinion of the Court.

"Every contract, combination in the form of a trust or otherwise, or, conspiracy, in restraint of trade" is made illegal by § 1 of the Sherman Act, ch. 647, 26 Stat. 209, as amended, 15 U.S.C. § 1. The question whether an arrangement is a contract, combination, or conspiracy is different from and antecedent to the question whether it unreasonably restrains trade. This case raises that antecedent question...

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