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Explaining The Legal Maneuvering

from TSN Legal Analyst Eric Macramalla,

So it finally happened: the NHL filed a lawsuit in New York asking the Court to declare the lockout legal. The lawsuit is against the NHLPA, but also names 36 players as defendants, including Shane Doan, John Tavares andHenrik Zetterberg. The NHL also filed an unfair labor practice charge against the NHLPA with the National Labor Relations Board alleging that the NHLPA hasn't bargained in good faith.

The NHL sued because it believed there was a real threat the NHLPA was going to file a disclaimer of interest, and after that, sue the league to get the lockout lifted.

Eric, Please Remind Me of the Basics First. Thank You.

It's unlawful for competitors to get together and fix the marketplace. If they do so, they open themselves up to antitrust lawsuits. This applies to the NHL, because the 30 team owners are competitors and they get together and place restrictions on the NHL marketplace. Things like a salary cap, free agency restrictions and rookie pay are all on their face antitrust violations. Another thing that is an antitrust violation is the lockout since it's the owners getting together and agreeing to lockout the players.

continued

Filed in: NHL Talk, NHLPA, | KK Hockey | Permalink
 

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Paul Kukla founded Kukla’s Korner in 2005 and the site has since become the must-read site on the ‘net for all the latest happenings around the NHL.

From breaking news to in-depth stories around the league, KK Hockey is updated with fresh stories all day long and will bring you the latest news as quickly as possible.

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