This Online Original is available for download (PDF) here.
Article | 100 KY. L. J. ONLINE 5 | Sept. 19, 2012
The 2010 Supreme Court case American Needle, Inc. v. National Football League represents a drastic change in antitrust jurisprudence. Though the Supreme Court has ordinarily been very suspicious of cooperation among industry competitors, over the past several decades, joint ventures have operated in a special, protected arena. However, American Needle makes it apparent that the Court may begin viewing these arrangements with more skepticism going forward. This Article analyzes prior Supreme Court precedent related to joint ventures as well as the Supreme Court’s opinion in American Needle. The Article concludes by discussing the scholarly response to this Supreme Court opinion and venturing a hypothesis of what this decision means for the future of antitrust jurisprudence.
View the PDF
Jerrad Howard, American Needle: Has the Supreme Court Deflated Synergistic Gains in Joint Ventures Among Competitors?, 100 Ky. L.J. Online 67 (2012), http://www.kentuckylawjournal.org/online-originals-2/american-needle.