District courts continue to grapple with application of Section 1 of the Sherman Act to joint venture conduct

On 5 December 2012, Judge Shira Scheindlin of the Southern District of New York declined to dismiss claims by consumers of Major League Baseball (MLB) and National Hockey League (NHL) telecasts, alleging that the teams that make up those leagues violated Section 1 of the Sherman Act. See Laumann v. National Hockey League, 12 Civ. 1817 (S.D.N.Y. Dec. 5, 2012). The challenged conduct involved the alleged practices of “divid{ing} the live-game video presentation market into exclusive territories, which are protected by anticompetitive blackouts” and colluding to sell viewing packages for the games exclusively through the leagues. Id. at slip op. 2.

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