Court Denies NHL Motion to Dismiss Based on Single Entity Defense

Madison Square Garden has sued the National Hockey League, arguing that the league anticompetitively restrains competition among the teams in ways that are not necessary to the joint venture.  Most relevant to the case is MSG’s claim that the league has anticompetitively forced all of the teams to use a standardized website.  The NHL moved to dismiss on the ground that it is a single entity, incapably of conspiring.  Southern District of NY Judge Loretta Preska denied the motion with respect to new media.  Given the recent Seventh Circuit decision holding that the NFL is a single entity for the purposes of selling loge caps, this should be an interesting case to follow.

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  1. […] settled before any precedential decision came, but some lawyers were impressed by the NHL’s failure to win a motion to dismiss at the preliminary […]

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