Anonymous
08/10/2023 14:50
Subject: MLS academies protected list?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Well I’m not a lawyer but I think the question is why wouldn’t it be legal?
No one has a “right” to play professional soccer for MLS.
Let’s say you and me decided to start a new soccer league called DCUM Soccer, and we formed a for-profit privately owned corporation.
And we decided that the DCUM Soccer league would only have two teams: Red Team and Blue Team. And then we agreed that the Red Team will be comprised of only players living west of the Mississippi River, and the Blue Team will only be comprised of those living east of the Mississippi River; and we made corporate by-laws enforcing those territories for Red Team and Blue Team.
Little Johnny lives in Maryland but the Blue Team doesn’t pick him; and the Red Team “can’t” pick him because he lives in the Blue Team territory.
What’s not legal about this? It’s just a private business with stupid rules; it’s not illegal.
I think your example might pass muster if it’s all happening in one state. But I think the protected list could be considered a restraint of trade or antitrust laws. Also wouldn’t these rules be prohibited by the commerce clause? Ie, They interfere or discriminate against interstate commerce?
Here you go: https://www.justice.gov/atr/file/903511/download
Interesting. This seems to be the crux of it: “An agreement among competing employers to limit or fix the terms of employment for potential hires may violate the antitrust laws if the agreement constrains individual firm decision-making with regard to wages, salaries, or benefits; terms of employment; or even job opportunities.”
Nice “may” there lol … it “may” or it may not. Thanks for clearing that up DOJ!
Anonymous
08/10/2023 14:10
Subject: MLS academies protected list?
Anonymous wrote:Anonymous wrote:Well I’m not a lawyer but I think the question is why wouldn’t it be legal?
No one has a “right” to play professional soccer for MLS.
Let’s say you and me decided to start a new soccer league called DCUM Soccer, and we formed a for-profit privately owned corporation.
And we decided that the DCUM Soccer league would only have two teams: Red Team and Blue Team. And then we agreed that the Red Team will be comprised of only players living west of the Mississippi River, and the Blue Team will only be comprised of those living east of the Mississippi River; and we made corporate by-laws enforcing those territories for Red Team and Blue Team.
Little Johnny lives in Maryland but the Blue Team doesn’t pick him; and the Red Team “can’t” pick him because he lives in the Blue Team territory.
What’s not legal about this? It’s just a private business with stupid rules; it’s not illegal.
I think your example might pass muster if it’s all happening in one state. But I think the protected list could be considered a restraint of trade or antitrust laws. Also wouldn’t these rules be prohibited by the commerce clause? Ie, They interfere or discriminate against interstate commerce?
Here you go: https://www.justice.gov/atr/file/903511/download
Anonymous
08/10/2023 14:06
Subject: MLS academies protected list?
Anonymous wrote:Well if you’re the lawyer and posed the question, it must be a doozy lol
I mean I guess we’ll just have to see how the legal challenge plays out. Does anyone have any information on the court case? I tried to Google it but it didn’t seem anything was on point.
I think it’s a doozy and I find it super interesting! It’s fires up all my legal issue-spotting instincts but it’s not my field of expertise so hoping to hear from someone more knowledgeable.
Anonymous
08/10/2023 12:18
Subject: MLS academies protected list?
Well if you’re the lawyer and posed the question, it must be a doozy lol
I mean I guess we’ll just have to see how the legal challenge plays out. Does anyone have any information on the court case? I tried to Google it but it didn’t seem anything was on point.
I mean I guess we’ll just have to see how the legal challenge plays out. Does anyone have any information on the court case? I tried to Google it but it didn’t seem anything was on point.
Anonymous
08/10/2023 12:08
Subject: MLS academies protected list?
Anonymous wrote:Ok let’s wait for the “lawyers” to weigh in on the DCUM soccer message board lol
I’m OP and am a lawyer. That’s why I posted bc the rule triggers so many legal issues yet the rule exists and I wonder why. That said, there are a lot of fifa/soccer issues that are legally questionable too such as solidarity payments so this rule seems pretty consistent with that tradition.
But to focus on the protected list, there is something very problematic by a list which appears to be not public even to parents of these kids, that it involves kids and that it restricts their rights to enter into another agreement or do business elsewhere.
I mean ppl are alrdy seeing the effect of it on a kid from Kansas.
Anonymous
08/10/2023 11:57
Subject: MLS academies protected list?
Ok let’s wait for the “lawyers” to weigh in on the DCUM soccer message board lol
Anonymous
08/10/2023 11:53
Subject: MLS academies protected list?
Anonymous wrote:Well I’m not a lawyer but I think the question is why wouldn’t it be legal?
No one has a “right” to play professional soccer for MLS.
Let’s say you and me decided to start a new soccer league called DCUM Soccer, and we formed a for-profit privately owned corporation.
And we decided that the DCUM Soccer league would only have two teams: Red Team and Blue Team. And then we agreed that the Red Team will be comprised of only players living west of the Mississippi River, and the Blue Team will only be comprised of those living east of the Mississippi River; and we made corporate by-laws enforcing those territories for Red Team and Blue Team.
Little Johnny lives in Maryland but the Blue Team doesn’t pick him; and the Red Team “can’t” pick him because he lives in the Blue Team territory.
What’s not legal about this? It’s just a private business with stupid rules; it’s not illegal.
Anything in this thread that begins with "well I'm not a lawyer," should be completely ignored, saying as this is a comple legal issue.
Anonymous
08/10/2023 11:50
Subject: MLS academies protected list?
Anonymous wrote:Well I’m not a lawyer but I think the question is why wouldn’t it be legal?
No one has a “right” to play professional soccer for MLS.
Let’s say you and me decided to start a new soccer league called DCUM Soccer, and we formed a for-profit privately owned corporation.
And we decided that the DCUM Soccer league would only have two teams: Red Team and Blue Team. And then we agreed that the Red Team will be comprised of only players living west of the Mississippi River, and the Blue Team will only be comprised of those living east of the Mississippi River; and we made corporate by-laws enforcing those territories for Red Team and Blue Team.
Little Johnny lives in Maryland but the Blue Team doesn’t pick him; and the Red Team “can’t” pick him because he lives in the Blue Team territory.
What’s not legal about this? It’s just a private business with stupid rules; it’s not illegal.
I think your example might pass muster if it’s all happening in one state. But I think the protected list could be considered a restraint of trade or antitrust laws. Also wouldn’t these rules be prohibited by the commerce clause? Ie, They interfere or discriminate against interstate commerce?
Anonymous
08/10/2023 11:48
Subject: MLS academies protected list?
Anonymous wrote:Anonymous wrote:
Like, how is it legal? Is it in the fine print when a kid joins any club? Or gets a player card? Or when they try out for an MLS Academy?
It probably isn't, and it's being legally challenged as we speak.
Interesting - do you have any links to information about the legal challenge?
Anonymous
08/10/2023 11:45
Subject: MLS academies protected list?
Anonymous wrote:It’s unlawful restraint of trade. It’s legal for professional sports when it is collectively bargained, but illegal otherwise. That’s why unions threaten to decertify during lockouts
I get it’s a “restraint of trade” but there are many things that are a “restraint of trade” — exclusive licenses, etc. What—specially what law—makes my hypothetical DCUM Soccer league “unlawful”?
Anonymous
08/10/2023 11:43
Subject: MLS academies protected list?
It’s unlawful restraint of trade. It’s legal for professional sports when it is collectively bargained, but illegal otherwise. That’s why unions threaten to decertify during lockouts
Anonymous
08/10/2023 11:40
Subject: MLS academies protected list?
Well I’m not a lawyer but I think the question is why wouldn’t it be legal?
No one has a “right” to play professional soccer for MLS.
Let’s say you and me decided to start a new soccer league called DCUM Soccer, and we formed a for-profit privately owned corporation.
And we decided that the DCUM Soccer league would only have two teams: Red Team and Blue Team. And then we agreed that the Red Team will be comprised of only players living west of the Mississippi River, and the Blue Team will only be comprised of those living east of the Mississippi River; and we made corporate by-laws enforcing those territories for Red Team and Blue Team.
Little Johnny lives in Maryland but the Blue Team doesn’t pick him; and the Red Team “can’t” pick him because he lives in the Blue Team territory.
What’s not legal about this? It’s just a private business with stupid rules; it’s not illegal.
No one has a “right” to play professional soccer for MLS.
Let’s say you and me decided to start a new soccer league called DCUM Soccer, and we formed a for-profit privately owned corporation.
And we decided that the DCUM Soccer league would only have two teams: Red Team and Blue Team. And then we agreed that the Red Team will be comprised of only players living west of the Mississippi River, and the Blue Team will only be comprised of those living east of the Mississippi River; and we made corporate by-laws enforcing those territories for Red Team and Blue Team.
Little Johnny lives in Maryland but the Blue Team doesn’t pick him; and the Red Team “can’t” pick him because he lives in the Blue Team territory.
What’s not legal about this? It’s just a private business with stupid rules; it’s not illegal.
Anonymous
08/10/2023 11:35
Subject: MLS academies protected list?
Anonymous wrote:Anonymous wrote:
Like, how is it legal? Is it in the fine print when a kid joins any club? Or gets a player card? Or when they try out for an MLS Academy?
It probably isn't, and it's being legally challenged as we speak.
Would you know if challenges are being made individually or is it a class action?
Anonymous
08/10/2023 11:33
Subject: MLS academies protected list?
Anonymous wrote:
Like, how is it legal? Is it in the fine print when a kid joins any club? Or gets a player card? Or when they try out for an MLS Academy?
It probably isn't, and it's being legally challenged as we speak.
Anonymous
08/10/2023 11:26
Subject: MLS academies protected list?
I saw this come up in a couple of threads and I have so many questions.
Like, how is it legal? Is it in the fine print when a kid joins any club? Or gets a player card? Or when they try out for an MLS Academy?
Are parents informed if their kid is on the list?
Finally, how have ppl circumvented this rule? I know a few DC area kids have moved on to other clubs. How did they do this? Did the taking club pay to take over their rights? Were the players never known to DCU scouts? Or did the entire family strategically move and obtain residency elsewhere?
Like, how is it legal? Is it in the fine print when a kid joins any club? Or gets a player card? Or when they try out for an MLS Academy?
Are parents informed if their kid is on the list?
Finally, how have ppl circumvented this rule? I know a few DC area kids have moved on to other clubs. How did they do this? Did the taking club pay to take over their rights? Were the players never known to DCU scouts? Or did the entire family strategically move and obtain residency elsewhere?