Word: antitrusters
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...knee is fine; Joe Namath's isn't so hot, but his arm is. Season-ticket sales are running 20% ahead of last year. The N.F.L. and the American Football League have kissed and made up, which means that Commissioner Pete Rozelle is now free to entertain antitrust suits by impoverished players and would-be franchise owners-while he simultaneously tries to sell Congressman Emanuel Celler on legislation that would exempt pro football from antitrust actions...
Last April, after digesting 7,000 pages of testimony and cogitating for 35 straight hours, Judge Roller ruled that the National League had violated Wisconsin's "little Sherman" antitrust law by moving the Milwaukee Braves to Atlanta, thereby "substantially restraining" Wisconsin's trade and commerce. He fined the ten-team league $55,000 and court costs, ordered it either to 1) bring the Braves back, or 2) give Milwaukee a new team. Last week, in a 4-3 decision, Wisconsin's Supreme Court overruled Roller and ordered him to dismiss the case...
Roller's decision, said the court, was contradictory and "inconsistent." Baseball might be a monopoly, but it is a nationwide monopoly; therefore Wisconsin is "powerless" to make the sport subject to its state antitrust law. Besides, continued the Supreme Court, to order the Braves back from Atlanta would be to correct one ill with another: "such an outcome would maintain a monopoly at the expense of Atlanta...
Court action was the last thing the leagues' lawyers wanted, for fear that a charge of deliberately eliminating their own competition might stick. "If it ever gets to court," said one attorney last week, "the merger will be dead-as soon as somebody whispers the word antitrust...
...Hughes made his worst mistake. Chivvying Tillinghast about his Boeing purchases-he argued that other planes should have been bought-Hughes threatened to sue the airline for ignoring his wishes. Instead, backed by Breech and his star-filled board, Tillinghast sued Hughes for $145 million treble damages on antitrust charges. While he had control, the suit charged, Hughes had forced the company to buy planes that did not fit its needs, notably 20 Super-Constellations. TWA wrote the Connies off its books as a $38 million loss after flying them only a year and a half. Hughes countersued, but when...