http://www.washingtonpost.com/wp-dyn/content/article/2010/01/07/AR2010010702947.html?hpid=opinionsbox1By Drew Brees
Sunday, January 10, 2010
As the starting quarterback for the New Orleans Saints, I am used to competing on the football field, not in a courtroom, and I rarely offer a public opinion on complex legal debates. But in a few days, the Supreme Court will hear oral arguments in American Needle v. NFL, a case that could have a profound impact not only on my sport but on all of American professional athletics. So even as the playoffs are beginning, I feel compelled to venture beyond the gridiron to share my thoughts on what is at stake.
New Orleans Saints quarterback Drew Brees walks off the field after leading his team to victory against the Atlanta Falcons, Dec. 13, 2009. This month, Brees says he's applying the same sort of vigor to weighing in on an NFL Supreme Court case. (AP Photo/Dave Martin)
The case involves a multimillion-dollar deal struck in 2000 between the National Football League and Reebok that grants Reebok the exclusive rights to make hats, sweatshirts and other gear with NFL team logos. What does that deal have to do with the ability of my teammates and me to perform our jobs and entertain football fans around the country? Potentially, quite a bit: The gains we fought for and won as players over the years could be lost, while the competition that runs through all aspects of the sport could be undermined.
American Needle is a small manufacturer of hats located in Buffalo Grove, Ill. As a result of the NFL's deal with Reebok, American Needle was excluded from the NFL-branded hat market, so it sued the league and Reebok. American Needle argued that the licensing deal violated antitrust laws because it restricted competition between businesses. The nation's antitrust laws constitute a fundamental part of our economic system and have protected consumers for more than 100 years, providing us with lower prices and fostering innovation.
The NFL originally won the case because the lower courts decided that, when it comes to marketing hats and gear, the 32 teams in the league act like one big company, a "single entity," and such an entity can't illegally conspire with itself to restrain trade. The NFL-Reebok deal is worth a lot of money, and fans pay for it: If you want to show support for your team by buying an official hat, it now costs $10 more than before the exclusive arrangement.
Amazingly, after the NFL won the case, it asked the Supreme Court to dramatically expand the ruling and determine that the teams act as a single entity not only for marketing hats and gear, but for pretty much everything the league does. It was an odd request -- as if I asked an official to review an 80-yard pass of mine that had already been ruled a touchdown. The notion that the teams function as a single entity is absurd; the 32 organizations composing the NFL and the business people who run them compete with unrelenting intensity for players, coaches and, most of all, the loyalty of fans.
FULL story at link.
Drew Brees, the starting quarterback for the New Orleans Saints, serves on the executive committee of the NFL Players Association.