NASL Files Federal Antitrust Lawsuit Against US Soccer

Beau Dure · Jun 15, 2024

Paul Berry said: ↑

I don't see a specific amount and out of the 146 docket entries only about 2 documents are free.
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Have you tried CourtListener aka RECAP? If you have their extension, then whenever you download something from PACER, it’s uploaded to RECAP for everyone to view for free.

In other words, if you’ve been able to read a lot of the documents for free — you’re welcome!

Beau Dure · Jun 15, 2024

Stuart95 said: ↑

No, they'd get damages and, I believe, USSF would have to grant them D1 status equal to MLS. I believe as well that,

This. I hope someone writes a book about the 2000-2020 period in US professional soccer someday. At the beginning of the period, even MLS was on shaky footing and the levels below were comedically bad. By 2010, MLS was on surer footing but the lower levels were still the wild west ... the USL/NASL split, USL's bizarre expansion into Puerto Rico, the Cosmos coming into NASL and sabotaging the partnership with MLS that ended up saving USL, bizarre clubs like Rayo OKC and the SF Deltas ... it goes on and on.

I'm reading a good book on the Sacramento Republic. The author has a good rundown of the city's previous minor league clubs and their travails. He also has interesting stories from the early days of Sacramento Republic where USL had bizarre, cost-saving scheduling measures with short, multi-game road trips. There's a few other books out there with similar anecdotes about sketchy, underfunded owners and fly-by night clubs.

@Beau Dure, do you have another book in you?
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I hope not.

Beau Dure · Jun 15, 2024

Paul Berry said: ↑

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays as follows:

A. That the agreement among the USSF and its members including MLS that is embodied in the Professional League Standards themselves, in totality, be adjudged to be an unreasonable restraint of trade in the relevant markets alleged in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1;

B. That the conspiracy by Defendants regarding the imposition, implementation, and application of the Professional League Standards, including the discriminatory and selective grants and denials of waivers from such Standards, as well as other conspiratorial conduct described in this Complaint, with the purpose and effect of excluding competition from the relevant markets to protect the monopoly position of MLS in the top-tier market and USL in the second-tier market, or MLS in the broader alternative relevant market, be adjudged to be in violation of Section 1 of the Sherman Act;

C. That the conspiracy of Defendants to monopolize the relevant top-tier and secondtier markets, with the specific intent that MLS and USL alone compete in such markets—or, in the alternative, for MLS to monopolize the broader alleged relevant market, with the specific intent that MLS alone compete in that market—be adjudged to be in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2;

D. That MLS's monopolization of the relevant top-tier market, or in the alternative the broader relevant market for men's professional soccer leagues, as alleged in this Complaint, be adjudged to be in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2;

E. That MLS's attempted monopolization of the relevant top-tier market, or in the alternative the broader relevant market for men's professional soccer leagues, as alleged in this Complaint, be adjudged to be in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2;

F. That the Court issue a permanent injunction enjoining USSF from continuing to promulgate or implement the Professional League Standards to sanction men's professional soccer leagues, leaving the competitive market and consumer preference to determine which men's professional soccer leagues in the U.S. and Canada, including NASL, MLS and USL, are top-tier, second-tier or some other competitive level;

G. H. That Defendants be enjoined from further violations of the antitrust laws; That judgment be entered for Plaintiff against Defendants for three times the amount of damages sustained by Plaintiff as allowed by law, in an amount to be determined at trial, together with the costs of this action and reasonable attorneys' fees, pursuant to Sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 and 26; and

I. That Plaintiff be accorded such other, further or different relief as the case may require and the Court may deem just and proper under the circumstances.
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From my reading of the ruling and Prof. Bank’s analysis of it, I think a lot of this stuff got kicked to the curb. The judge seemed extremely skeptical that the existence of PLS was a bad thing. Granted, a new judge is coming in, but I don’t think that means anything substantive changes.

falvo · Jun 15, 2024

jaykoz3 said: ↑

The PLS aren't going to go away, if anything they'll be revised. IF the NASL win the suit, Commisso and Kessler will get some small monetary reward and this will dissipate faster than a fart blowing in the wind.

The NASL does not exist anymore. The Cosmos are "on hiatus" and The Miami FC, Indy 11 and the Tampa Bay Rowdies now play in the USL Championship. The Jacksonville Armada barely exist.

Maybe the USL will apply for D1 sanctioning for the Championship? IF they are granted D1 status, MAYBE Commisso pays an expansion fee to bring the Cosmos back as a USL-C team? I doubt it though, seeing as he moved to Italy.
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I saw on the Rai (Italian TV) last week that Commisso is now back in America.

He only goes to Florence on occasion.

First to oversee the construction project and opening of the Viola Park training ground and secondly to watch Fiorentina in the Conference League along with a few league games.

I think he will be there more frequently during the summer transfer window to take over the duties of Fiorentina’s late GM Joe Barone who sadly passed in March of a cardiac arrest at 57.

Paul Berry · Jun 15, 2024

Beau Dure said: ↑

Have you tried CourtListener aka RECAP? If you have their extension, then whenever you download something from PACER, it’s uploaded to RECAP for everyone to view for free.

In other words, if you’ve been able to read a lot of the documents for free — you’re welcome!
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I use PACER and Court Listener all the time and I have RECAP installed.

But if someone else hasn't downloaded a document from PACER, I'm not going to pay just so others can read it for free.

You're welcome Beau!

Paul Berry · Jun 16, 2024

I noticed that as part of discovery NASL were looking for a ton of documents about Minnesota United, so it will be interesting to hear the full story if it comes out in court.

I doubt Minnesota would have stayed in NASL anyway.

Paul Berry · Jun 16, 2024

Beau Dure said: ↑

From my reading of the ruling and Prof. Bank’s analysis of it, I think a lot of this stuff got kicked to the curb. The judge seemed extremely skeptical that the existence of PLS was a bad thing. Granted, a new judge is coming in, but I don’t think that means anything substantive changes.
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Yeah, I think the court has already decided that PLS aren't anti-competitive.