1 Brown v. Pro Football, Inc. fundamental inconsistency between anti- trust law and labor law –anti-trust law based on individual behavior in the market; generally condemns economic actors acting jointly –collective bargaining based on the protection of some joint activity in the labor market labor law could not function if it was subject to anti-trust laws –Congressional preference to limit judicial use of anti-trust laws in labor disputes

2 Brown v. Pro Football, Inc. (cont.) Bargaining could not take place if subject to antitrust laws and legal restrictions on restraint of trade A-T exemption applies to agreement among employers to legally implement final preimpasse proposal at impasse –as no violation of labor law, antitrust exemption applies. No reason to treat multiemployer bargaining differently than single employer bargaining. –Multi er bargaining well established

3 Brown v. Pro Football, Inc. (cont.) Antitrust exemption should not be limited only to collective bargaining agreements –agreement may never be reached, but bargaining process must continue Unwilling to permit antitrust liability at impasse - –impasse an integral part of the structure of labor law and labor relations regulation Anti-trust exemption applies to entire CB process, not simply a CB agreement