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11-18-2012, 08:49 PM
  #36
Crease
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Quote:
Originally Posted by chasespace View Post
Question:

If the Union does decertify couldn't the league open it's doors and play with a cap ceiling and floor and other business side objects of the CBA since it would be considered business management handed down by the NHL? Like how McDonald's tells its' stores what prices to charge?
Not quite the same thing chasespace.

It is illegal for competitors to come together and fix the marketplace. Individual McDonalds franchises are not considered competitors. Now if McDonalds, Burger King, Wendy's and all other fast-food chains came together and agreed to set minimum prices for comparable items, then this would be grounds for antitrust litigation.

The NHL does not have a direct competitor in United States and Canada. But so long as the restrictions are collectively bargained by the League and it's Union, the restrictions may exist without grounds for antitrust violation. If the Union decertifies, any restrictions imposed by the league are no longer protected under the umbrella of a CBA and become exposed to antitrust law.

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