OPINION ______SUTTON, Circuit Judge
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 07a0229p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ HAMILTON COUNTY BOARD OF COMMISSIONERS, X Plaintiff-Appellant, - - - No. 06-3348 v. - > , NATIONAL FOOTBALL LEAGUE, et al., - Defendants-Appellees. - - - N Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 03-00355—S. Arthur Spiegel, Sr., District Judge. Argued: April 24, 2007 Decided and Filed: June 19, 2007 Before: SUHRHEINRICH, SUTTON, and McKEAGUE, Circuit Judges. _________________ COUNSEL ARGUED: Arthur R. Miller, HARVARD LAW SCHOOL, Cambridge, Massachusetts, for Appellant. Gregg H. Levy, COVINGTON & BURLING, Washington, D.C., for Appellees. ON BRIEF: Arthur R. Miller, HARVARD LAW SCHOOL, Cambridge, Massachusetts, Stanley M. Chesley, Paul M. De Marco, Fay E. Stilz, W. B. Markovits, WAITE, SCHNEIDER, BAYLESS & CHESLEY CO., Cincinnati, Ohio, Robert R. Furnier, FURNIER SIMONDS, LLC, Cincinnati, Ohio, for Appellant. Gregg H. Levy, James M. Garland, Steven E. Fagell, COVINGTON & BURLING, Washington, D.C., Robert A. Pitcairn, Jr., KATZ, TELLER, BRANT & HILD, Cincinnati, Ohio, Kenneth F. Seibel, JACOBS, KLEINMAN, SEIBEL & McNALLY, Cincinnati, Ohio, for Appellees. _________________ OPINION _________________ SUTTON, Circuit Judge. This case presents the latest twist in the relationship between the City of Cincinnati and professional football, a relationship that spans 86 years and at least 3 stadiums, the third of which is the subject of this controversy. The Hamilton County Board of Commissioners sued the defendants—the Cincinnati Bengals, the National Football League and its 31 other teams—claiming that they violated the federal antitrust laws by using a monopoly over 1 No. 06-3348 Hamilton County Board of Commissioners Page 2 v. National Football League, et al. professional football to obtain a heavily subsidized lease for the Bengals’ newly built, football-only stadium at the expense of Hamilton County and its taxpayers. The district court concluded that the statute of limitations bars the claim. Because Hamilton County filed this lawsuit after the four-year limitations period had run, because the County has failed to demonstrate that the limitations period should be tolled due to the defendants’ allegedly fraudulent concealment of material information regarding the antitrust claim and because the district court did not abuse its discretion in denying the County’s Civil Rule 56(f) motion for additional discovery, we affirm. I. Long before Ickey Woods shuffled across the end zone, long before Kenny Anderson and Boomer Esiason led the Bengals to Super Bowls XVI and XXIII (a team from another circuit, the San Francisco 49ers, won both games), football fans along the Ohio river cheered for the Cincinnati Celts. Started in 1921 as a member of the nascent American Professional Football Association, the city’s first professional football team finished with a 1-3-0 record that year, its one and only season in the Queen City. See Cincinnati Pro Football History, available at http://www.bengals.com/team/history/cincinnati_history.asp (last visited June 13, 2007). Whether for want of a stadium or not, the Cincinnati Celts played all four of their games that season on the road. So far as professional football was concerned, that was it for 12 years. What began as the American Professional Football Association in 1920 became the National Football League in 1922. In 1933, the NFL brought a new team to town. Named the Cincinnati Reds, this football team lasted two seasons before folding. Id. Four years later, a rival league, the American Football League (AFL), gave Cincinnati its first “Bengals” team, which played in the league for one season, then played as an independent team for a season after the AFL folded. Id. The AFL emerged anew in 1939, and the Bengals played in the league for a season before the AFL folded anew. Id. After the AFL experienced yet another rebirth, the Bengals played for two additional seasons. But when World War II forced the AFL to fold in 1941, so too did the Bengals—for another 26 years. Id. In 1967, Paul Brown, the founder and first head coach of the Cleveland Browns, brought modern professional football to Cincinnati through an AFL-expansion franchise. Although suggestions for team names came pouring in (one was the Cincinnati Buckeyes), Brown opted to use the “Bengals” because it provided “a link with past professional football in Cincinnati.” Id. The team played its first season in 1968, became a member of the NFL when the two leagues merged in 1970 and has been playing in Cincinnati ever since. The modern-day Bengals have played in three different home stadiums. (True fans do not speak of football “stadia.”) From 1968 to 1969, the team played at Nippert Stadium, where the largest crowd on record totaled 28,642 fans. See Bengals Stadium Firsts & Lasts, available at http://www.bengals.com/team/history/stadium_firsts.asp (last visited June 13, 2007). The Bengals played their first game at Riverfront Stadium (later renamed Cinergy Field) on August 8, 1970, a stadium it shared with baseball’s Cincinnati Reds, and their last game there on December 12, 1999. The biggest crowd—60,284—came during an October 1971 match-up between the Bengals and their in-state rivals, the Cleveland Browns. Id. On August 19, 2000, the Bengals opened their first season at Paul Brown Stadium, id., which sits along the northern side of the Ohio River in Hamilton County (which includes Cincinnati), covers 22 acres, stands 157 feet tall, features 65,535 seats and presumably has ample luxury box seats. See Paul Brown Stadium, available at No. 06-3348 Hamilton County Board of Commissioners Page 3 v. National Football League, et al. http://www.bengals.com/stadium/paulbrownstadium.asp (last visited June 13, 2007). The team finished its first season in the new stadium with a losing record (4-12-0), but it is Hamilton County that claims it was the real loser because it signed a lease with the Bengals for the stadium that it now calls “unconscionable.” Second Amended Complaint ¶ 49. To understand this charge and the climate in which it was made, we need to backpedal a few steps. After the NFL awarded expansion teams to Charlotte and Jacksonville in 1993, the three cities that failed to obtain a team (Baltimore, Memphis and St. Louis) tried to lure existing teams from their existing cities. Several teams—the Bengals among them—capitalized on this environment, threatening to leave their host cities unless they obtained a new stadium. Claiming that his team could not remain competitive without a new stadium because Riverfront Stadium has “virtually no luxury seating and the league’s smallest seating capacity,” JA 2579, Bengals’ owner Mike Brown (the son of Paul Brown) threatened to move the team if Cincinnati or Hamilton County would not build a new stadium. At an owners’ meeting in 1995, Brown announced that Cincinnati had breached its lease agreement when it was late by one week in paying $167,000 in concession receipts. According to Brown, this breach entitled the Bengals to relocate to a different city. At an owners’ meeting the following month, Brown declared that if the city failed to provide the team with a new stadium, the Bengals would consider moving to Los Angeles. Brown later visited Baltimore, which offered to build the team a $200 million stadium with a practice facility and a pledge of $44 million in income. On June 24, 1995, Brown gave Cincinnati what amounted to an ultimatum: If the city did not agree to a new stadium deal within five days, the Bengals would start negotiating with Baltimore. Cincinnati’s City Council and the Hamilton County Commissioners relented, opting to fund the new stadium with a proposed county sales-tax increase. In March 1996, the sales-tax referendum passed with 61% support. During negotiations over the new stadium lease, the County retained two national experts in developing and leasing professional-sports stadiums. As negotiations proceeded, it became clear to the County that the Bengals’ goal was to acquire sufficient revenue under the new lease to move the team from the last quartile of NFL teams in revenue to the second quartile. County officials asked to see the Bengals’ financial records during the negotiations but the team refused, explaining that the disclosure of this information would violate league policy. The parties executed a lease for the new stadium in May 1997. Four years later, in May 2001, the Los Angeles Times published an article disclosing the revenues and profits of NFL teams, which it had obtained from the record in a lawsuit between the NFL and the owner of the Oakland Raiders. The data showed that the Bengals ranked eighth in profits in 1996 and ninth in 1997 out of 31 teams. On May 16, 2003, six years after the parties signed the stadium lease, Hamilton County Commissioner Todd Portune (a former Cincinnati City Council member, though not a Hamilton County Commissioner at the time the parties executed the lease), filed this lawsuit in federal district court against the NFL, the Bengals and the other 31 NFL teams. The Hamilton County Board of Commissioners eventually was substituted as the plaintiff in the case. The second amended complaint alleges that the defendants violated § 1 of the Sherman Act, see 15 U.S.C. § 1, by engaging “in a contract, combination or conspiracy in restraint of trade,” precluding Hamilton County and others who sell or lease stadiums from being able to obtain No. 06-3348 Hamilton County Board of Commissioners Page 4 v. National Football League, et al. “competitive prices” for their “products and services.” Second Amended Complaint ¶ 41. It also alleges that the defendants violated § 2 of the Sherman Act, see 15 U.S.C.