- Apr 24, 2014
- 48
- 14
^Second the call for sources! While I definitely agree with your point that it is HIGHLY unlike that there would be a government antitrust enforcement action against cheer or any youth sports (too much $$ at stake!), I would be so interested to see the discovery in a private antitrust lawsuit! It would be nuts!
Personally, if there was a private lawsuit, I do think there's at least an argument to be made that the the MLB antitrust exception doesn't apply in the case of youth sports (especially those like cheer, which advertise "national" championship after national championship--hard to say interstate commerce is "incidental" to cheer when everything is aimed "nationally"). And I think a court would take a dim view of the same company setting the rules for uniforms and selling the uniforms--especially when that company can change the rules, like the full-top rule, and make everyone buy new uniforms.... But at the same time, the courts have been so hesitant to chip away at the sports exception--it's a tough call.
^Second the call for sources! While I definitely agree with your point that it is HIGHLY unlike that there would be a government antitrust enforcement action against cheer or any youth sports (too much $$ at stake!), I would be so interested to see the discovery in a private antitrust lawsuit! It would be nuts!
Personally, if there was a private lawsuit, I do think there's at least an argument to be made that the the MLB antitrust exception doesn't apply in the case of youth sports (especially those like cheer, which advertise "national" championship after national championship--hard to say interstate commerce is "incidental" to cheer when everything is aimed "nationally"). And I think a court would take a dim view of the same company setting the rules for uniforms and selling the uniforms--especially when that company can change the rules, like the full-top rule, and make everyone buy new uniforms.... But at the same time, the courts have been so hesitant to chip away at the sports exception--it's a tough call.
^Second the call for sources! While I definitely agree with your point that it is HIGHLY unlike that there would be a government antitrust enforcement action against cheer or any youth sports (too much $$ at stake!), I would be so interested to see the discovery in a private antitrust lawsuit! It would be nuts!
Personally, if there was a private lawsuit, I do think there's at least an argument to be made that the the MLB antitrust exception doesn't apply in the case of youth sports (especially those like cheer, which advertise "national" championship after national championship--hard to say interstate commerce is "incidental" to cheer when everything is aimed "nationally"). And I think a court would take a dim view of the same company setting the rules for uniforms and selling the uniforms--especially when that company can change the rules, like the full-top rule, and make everyone buy new uniforms.... But at the same time, the courts have been so hesitant to chip away at the sports exception--it's a tough call.
There's an argument, however, I don't think it would be strong enough even if someone was willing to fight Congress first and Varsity second. There are actually a plethora of cheer uniform companies to choose from if you don't want to give Varsity your uniform business. CHEER UNIFORMS
I have tried to find the various state laws concerning HS athletes attending sanctioned and non-sanctioned events, but the fact remains the majority of these camps, take place on government property. As far as STP, a private convention center owner can't make people stay at certain hotels and why would they? My aha moment was when I read an article from 2015, where a private convention center owner was fighting a bill that would allow government owned convention centers to use hotel tax dollars to use as incentives to get business for their government owned convention center....but, not the privately owned. Most would agree that's a glaring unfair business practice, but evidently it's okay if it's the government. ARTICLE
TIME Magazine quote: And municipalities that once vied for minor-league teams are now banking on youth sports to boost local economies, issuing bonds for lavish complexes that they hope will lure glove-toting tykes and their families. Tourism Commission Pushes for Broader Use of Hotel Tax Dollars
The New York Times ....I could post hundreds of these types of articles.
^Second the call for sources! While I definitely agree with your point that it is HIGHLY unlike that there would be a government antitrust enforcement action against cheer or any youth sports (too much $$ at stake!), I would be so interested to see the discovery in a private antitrust lawsuit! It would be nuts!
Personally, if there was a private lawsuit, I do think there's at least an argument to be made that the the MLB antitrust exception doesn't apply in the case of youth sports (especially those like cheer, which advertise "national" championship after national championship--hard to say interstate commerce is "incidental" to cheer when everything is aimed "nationally"). And I think a court would take a dim view of the same company setting the rules for uniforms and selling the uniforms--especially when that company can change the rules, like the full-top rule, and make everyone buy new uniforms.... But at the same time, the courts have been so hesitant to chip away at the sports exception--it's a tough call.
^Second the call for sources! While I definitely agree with your point that it is HIGHLY unlike that there would be a government antitrust enforcement action against cheer or any youth sports (too much $$ at stake!), I would be so interested to see the discovery in a private antitrust lawsuit! It would be nuts!
Personally, if there was a private lawsuit, I do think there's at least an argument to be made that the the MLB antitrust exception doesn't apply in the case of youth sports (especially those like cheer, which advertise "national" championship after national championship--hard to say interstate commerce is "incidental" to cheer when everything is aimed "nationally"). And I think a court would take a dim view of the same company setting the rules for uniforms and selling the uniforms--especially when that company can change the rules, like the full-top rule, and make everyone buy new uniforms.... But at the same time, the courts have been so hesitant to chip away at the sports exception--it's a tough call.
There's an argument, however, I don't think it would be strong enough even if someone was willing to fight Congress first and Varsity second. There are actually a plethora of cheer uniform companies to choose from if you don't want to give Varsity your uniform business. CHEER UNIFORMS
I have tried to find the various state laws concerning HS athletes attending sanctioned and non-sanctioned events, but the fact remains the majority of these camps, take place on government property. As far as STP, a private convention center owner can't make people stay at certain hotels and why would they? My aha moment was when I read an article from 2015, where a private convention center owner was fighting a bill that would allow government owned convention centers to use hotel tax dollars to use as incentives to get business for their government owned convention center....but, not the privately owned. Most would agree that's a glaring unfair business practice, but evidently it's okay if it's the government. ARTICLE
TIME Magazine quote: And municipalities that once vied for minor-league teams are now banking on youth sports to boost local economies, issuing bonds for lavish complexes that they hope will lure glove-toting tykes and their families. Tourism Commission Pushes for Broader Use of Hotel Tax Dollars
The New York Times ....I could post hundreds of these types of articles.
I’m not an expert on anti trust but I don’t think the MLB exemption applies here (nor do I understand how MLB gets away with this nonsense). I do think that there’s other perhaps less cumbersome and effective ways to dismantle Varsity’s lynch hold