''Robertson v. National Basketball Association'', 556
F.2d
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by We ...
682 (2d Cir. 1977), was an
antitrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
lawsuit filed by
American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
basketball
Basketball is a team sport in which two teams, most commonly of five players each, opposing one another on a rectangular Basketball court, court, compete with the primary objective of #Shooting, shooting a basketball (ball), basketball (appr ...
player
Oscar Robertson against the
National Basketball Association
The National Basketball Association (NBA) is a professional basketball league in North America. The league is composed of 30 teams (29 in the United States and 1 in Canada) and is one of the major professional sports leagues in the United S ...
(NBA). Filed in 1970, the lawsuit was settled in 1976 and resulted in the free agency rules now used in the NBA.
Facts
Robertson sought through his lawsuit to block any merger of the NBA with the
American Basketball Association
The American Basketball Association (ABA) was a major men's professional basketball league from 1967 to 1976. The ABA ceased to exist with the ABA–NBA merger, American Basketball Association–National Basketball Association merger in 1976, ...
(ABA), to end the option clause that bound a player to a single NBA team
in perpetuity, to end the
NBA's college draft binding a player to one team, and to end restrictions on free-agent signings. The suit also sought damages for NBA players for past harm caused by the option clause.
Robertson's lawsuit prevented the planned 1970 merger of the
National Basketball Association
The National Basketball Association (NBA) is a professional basketball league in North America. The league is composed of 30 teams (29 in the United States and 1 in Canada) and is one of the major professional sports leagues in the United S ...
with the
American Basketball Association
The American Basketball Association (ABA) was a major men's professional basketball league from 1967 to 1976. The ABA ceased to exist with the ABA–NBA merger, American Basketball Association–National Basketball Association merger in 1976, ...
.
Judgement
The court issued an injunction against any merger. The
ABA-NBA merger was thus delayed until 1976.
Significance
In 1972,
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
came close to enacting legislation to enable a merger but the measure was not passed. As a result, the two leagues did not merge until 1976.
Although he wasn't playing anymore, Robertson was not out of sight. As president of the
NBA players union, Robertson's 1970 suit against the NBA contended the draft, option clause and other rules restricting player movement were violations of
antitrust laws
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
. The suit was settled in 1976, when the league agreed to let players become
free agent
In professional sports, a free agent is a player who is eligible to sign with other clubs or franchises; i.e., not under contract to any specific team. The term is also used in reference to a player who is under contract at present but who is a ...
s in exchange for their old team's "right of first refusal" to match any offer they might receive.
See also
*
Bosman ruling
''Union Royale Belge des Sociétés de Football Association ASBL v Jean-Marc Bosman'' (1995) C-415/93 (known as the Bosman ruling) is a 1995 European Court of Justice decision concerning freedom of movement for workers, freedom of association ...
1995 European Court of Justice ruling on soccer transfers
*''
Flood v. Kuhn
''Flood v. Kuhn'', 407 U.S. 258 (1972), was a decision by the Supreme Court of the United States that preserved the reserve clause in Major League Baseball (MLB) players' contracts. By a 5–3 margin, the Court reaffirmed the antitrust exempti ...
''
*''
O'Bannon v. NCAA
''O'Bannon v. NCAA'', 802 F.3d 1049 (9th Cir. 2015) was an United States antitrust law, antitrust class action lawsuit filed against the National Collegiate Athletic Association (NCAA). The lawsuit, which former UCLA Bruins men's basketball, UCL ...
''
*''
Haywood v. National Basketball Association''
Notes
External links
* {{caselaw source
, case = ''Robertson v. National Basketball Association'', 556 F.2d 682 (2d Cir. 1977)
, courtlistener =https://www.courtlistener.com/opinion/346584/oscar-robertson-william-bradley-joe-caldwell-archie-clark-mel-counts/
, googlescholar = https://scholar.google.com/scholar_case?case=15206274053528022829
, justia =https://law.justia.com/cases/federal/appellate-courts/F2/556/682/69049/
''New York Times'' article
1977 in United States case law
American Basketball Association
Lawsuits
National Basketball Association controversies
Sports case law
United States antitrust case law
United States Court of Appeals for the Second Circuit cases