Mirtle: NHLPA’s hard-liners hint at decertification after latest offer rejected
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11-23-2012, 12:56 PM
Join Date: Jan 2011
Originally Posted by
Because if you do it in concert, it's an antitrust violation subjecting you to treble damages. Once the union goes away, the teams can't act in unison (beyond setting rules and maybe things like negotiating TV deals).
But my point is that if all the teams faced the exact same imminent dilemma its not necessarily collusion. What they have all done is independently acted on the action of the players which just happened to affect them all at the same time.
Basically the timing, it can be legitimately argued, is not due to collusion, but was due to an external decision that they did not make.
For example, if the government announced they were going to raise the natural gas royalties starting in January, every company marketing long range gas contracts would immediately raise their rates to factor in this new cost. That is not collusion, that is responding to an external event.
Again, maybe I am applying too much common sense to this .....
As for whether contracts are valid after, I would think they are still valid, but if the guarantees part is in the CBA as opposed to individual contracts, it may even be more worse for the players. The owners may be able to pick and choose what contracts they wish to keep.
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