4 Harv. J. Sports & Ent. L. 191 (2013)
Reverse Collusion

handle is hein.journals/harvsel4 and id is 200 raw text is: Journal of Sports & Entertainment Law
HARVARD LAW SCHOOL
Reverse Collusion
Ryan M. Rodenberg and Justin M. Lovicht
ABSTRACT
In the sports industry, collusion has typically manifested itself on the team
owner side of the equation, with numerous historical examples of manage-
ment collectively moving to suppress player movement and/or salaries for
pecuniary reasons. Such collusion is now prohibited in the league-union
collective bargaining agreements (CBAs) that govern all prominent North
American team sports. However, the language in sports league CBAs is not
always reciprocal. CBAs in the National Basketball Association (NBA)
and National Football League do not expressly prohibit player-level reverse
collusion. Using the recent decision (pun intended) of LeBron James and
other basketball stars to create super-teams in the NBA through collec-
tive action as an anecdotal example, we posit that the omission of reciprocal
language in such CBAs has created loopholes that should be closed for com-
petitive balance reasons and general considerations such as sports league in-
tegrity and transparency.
TABLE OF CONTENTS
ABSTRACT .................................................... 191
INTRODUCTION              ............................................... 192
1. COLLUSION IN PROFESSIONAL SPORTS .       ..................... 194
A. Historical Perspectives  .............................  194
B. Pre-Reverse Collusion and Free Agency .................  197
t Rodenberg is an assistant professor of sports law analytics at Florida State
University. He earned a JD at the University of Washington and PhD at Indiana
University. Lovich is a PhD student at Florida State University. He earned a JD at
Duquesne University. The authors would like to thank William Winter and Ryan
Pekarek for helpful comments.

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