A publication of the Society for American Baseball Research Business of Baseball Committee December 28, 2010 Winter 2011 The NFL Lost the Race to MLB In Major League Baseball’s Nine Upholding Collective-Licensing of Team Commissioners: Logos A Qualitative Assessment of Effectiveness and the Development of a Basic Statistical Model By Lawrence W. Boes1 By Donald G. Frank This article summarizes two lawsuits brought under Professor Emeritus, Portland State University the antitrust laws by vendors of merchandise featuring
[email protected], 314-832-4167 team logos against the two major professional sports organizations in the USA. Two former MLB and NFL Note: This article is based on a scholarly presenta- th licensees, Salvino, Inc., and American Needle, Inc. tion by the author at the 40 Annual Conference of the (ANI), each complained, respectively, that the MLB Society for American Baseball Research in August and NFL programs for collective licensing of team 2010. The article discusses the successes and failures and league logos are conspiracies in restraint of trade of the nine commissioners. Additionally, the results of violating § 1 of the Sherman Act of 1890, by foreclos- a survey of the commissioners’ ability or capacity to ing competition among their teams and league itself in lead effectively are presented. 300 surveys were dis- marketing such licenses.2 tributed to randomly selected scholars in Academe, with 219 scholars responding. The ANI v. NFL case began in 2004 in the federal court in Chicago when NFI sued the NFL and thirty- INTRODUCTION & METHODOLOGY one of its football teams on an antitrust-law claim (Continued on page 2) The position of Commissioner of Major League Base- ball, including roles and responsibilities, is critically 1 Copyright, Lawrence W.