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09-25-2003, 02:55 PM
David A. Rainer
Join Date: Jun 2002
Location: Huntington Beach
Originally Posted by
I would have thought that the critical issue would be around restricted competition for labour. That would be the purpose of the merger - to prevent the worker from offering his employment to any one of the 30 teams. That is where big time sports runs into anti-trust problems. That and the fact the league erects barriers to entry.
None of the arguments raised address these issues.
It doesn't really restrict labor. It disfavors labor, but it does not restrict it. Whether the NHL is 30 different entities or 1 company, the amount of competition remains - the same 30 teams vying for the same amount of players.
Or, if diversity of playing conditions is your concern (if I don't like the terms from Toronto, I can go play for Montreal), this still is not restricted. The use of standardized contracts have already largely eliminated diversity in peripheral terms. And whether the NHL is 30 teams or 1 corp will not change the competition between teams to sign players (if I don't like the money from Toronto, I can go play for Montreal). As it stands now, there are not 30 different CBAs so the terms of employment are largely the same no matter who you play for.
Further, the barriers to entry and free movement of employment are currently there (embodied in the CBA), so changing the structure of the NHL won't affect that either - there will still be a CBA and there will continue to be the same. The only thing affected is that the owners can self-regulate any issue not already in the CBA without the need of first clearing it thru the CBA.
If you want to bar the NHL from changing it's structure because it's purpose is to ultimately restrict labor in a legal manner, I think you run into Equal Proctection problems. Why should the NHL be barred from doing something solely because it already is an established league while new leagues have the freedom to start up as 1 entity and legally restrict labor?
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