Antitrust Magazine
American Needle and a “Positive” Quick Look Approach in Challenges To Joint Ventures
Spring 2011
In American Needle v. National Football League, the Supreme Court limited the “single entity” arguments that joint venture defendants may use to defend against claims brought under Section 1 of the Sherman Act. In particular, the Court held that if the conduct in question joined together “separate economic actors pursuing separate economic interests” such that it “deprives the market of independent centers of decision-making,” then it is generally collective conduct that is subject to Section 1 scrutiny. In those instances, Section 1 claims against joint venture defendants will typically be analyzed under the rule of reason. The Court emphasized, however, that the rule of reason standard is “flexible” and that joint ventures need not be “trapped by antitrust law.” Indeed, the Court explained that application of the rule of reason “may not require a detailed analysis; it ‘can sometimes be applied in the twinkling of an eye,’” depending on the circumstances.
Capabilities
Suggested News & Insights
Sidley Represents Fortidia in Strategic Partnership With BC PartnersDecember 17, 2025Sidley Represents ABM In Its US$275 Million Acquisition of WGNSTARDecember 17, 2025Sidley Helps Secure Complete Victory in Precedent-Setting Antitrust LitigationDecember 17, 2025The International Comparative Legal Guide to: Merger Control 2026December 11, 2025Sidley Elects Partnership Class of 29 and Counsel Class of 15 Across Europe and U.S.December 11, 2025Sidley Represents JOLT in its Agreement to Acquire Assets from Volta Media NetworkDecember 10, 2025
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory