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Posted: Sun May 22, 2011 2:25 pm
by TCIYM
KazooSkinsFan wrote:I'm on the side of free markets. Which means the government should stay out of it. The Federal courts have zero Constitutional authority to make any ruling on this. If the owners have the market power they should "win" and if the players do they should.


I'm all for Laissez-faire capitalism, supply and demand, free exchange of ideas, etc. The issue is the owners are employers and the players are employees. The players seem to think they are something more. For the most part employees don't dictate the terms of their employment. They either agree to the terms of the employer and and accept employment or they disagree with the terms and look for work elsewhere. The NFL players want an equal stake in franchise businesses in which they have no investment. To my mind, that is akin to looking for something for nothing.

Posted: Sun May 22, 2011 3:18 pm
by Red_One43
TCIYM wrote: The issue is the owners are employers and the players are employees.


You have oversimplied the issue here. Who forced the owners to sign the 2006 CBA extension? The players? You seem to place all the blame on the players when the owners clearly admit that they made a mistake in signing that extension. I can understand that the times have changed and that the owners feel that they can no longer operate under this agreement, but they way to go about doing is not by threatening the very folks that have to agree to give you money back. Sure, it is hard to get back what one gives away, but YOU gave it away freely, so why wasn't that admitted from the start.

Equating the Owners/Players - employer/employee relationship with everyday employer relationships is a bad comparison. Like it or not, the NFL owners and the players have revenue sharing of all the profits. How much percentage is shared is subject to agreement of those two parties. Name another employee/employer relationship outside of sports that is like that?

The issue is how do the owners, who don't want to open their books and prove that they need more money and who made a mistake in signing the extension in 2006, convince the players, who were told by the late Gene Upshaw that they had a great deal and don't ever give it up, to sign a new agreement that is fair in both parties eyes. Strong armed tactics have failed thus far. Those tactics only served to send the players in to union decertification and into the courts where we are now.

It is understandable why both sides do not give in at this point. As it gets closer and closer to the season, and the lockout is upheld by the courts, the players will sign a new deal and continue with the anti-trust law suit much like the players did when they gave up the strike in 1987. The owners can try to head off the continued litigation by giving the players a fair deal in the players eys and ask that they drop the suit.

One thing will will hear is that both sides will say is that they gave in for the sake of the fans, but we all know it will always be about money.

http://profootballtalk.nbcsports.com/20 ... 6-blunder/

http://www.cincyjungle.com/2011/5/20/21 ... -a-mistake

Posted: Sun May 22, 2011 4:11 pm
by Red_One43
2011 NFL Team Revenues

Arizona $83 million
Atlanta $102.1 million
Baltimore $101.3 million
Buffalo $96.4 million
Carolina $73 million
Chicago $104.9 million
Cincinnati $90.7 million
Cleveland $99.2 million
Dallas $136.6 million
Denver $125 million
Detroit $113.8 million
Green Bay $129.8 million
Houston $118.4 million
Indianapolis $115.5 million
Jacksonville $78.1 million
Kansas City $74.7 million
Miami $103.1 million
Minnesota $108.4 million
New England $102.3 million
New Orleans $105.2 million
New York Giants $126.3 million
New York Jets $128.5 million
Oakland $85.8 million
Philadelphia $80.8 million
Pittsburgh $116 million
San Diego $85.8 million
San Francisco $100.9 million
Seattle $81.1 million
St. Louis $102.4 million
Tampa Bay $59.7 million
Tennessee $107.4 million
Washington $115.2 million

I highlighted the play-off teams in yellow. When I look at teams that are spending the fewest dollars on salaries, the first question I have is, "Why?"
Is this because they had to keep a good profit margin or is it because the owner is a tight wad? I suspect Buffalo and Jax are having to keep salaries down to keep profits up. The Bidwells (Ariz), Browns (Cincy) and Glazers (TB) had reps of being tightwads long before this CBA became an issue. Next question has to do with owner revenue sharing. How much money is available from big market teams to give to the smaller market teams without huritng their profit margin? Here is the "books" issue. Jerry Jones doesn't want anyone to see his books and he is talking the loudest against revenue sharing. Next question - Do the players deserve 59% of total revenues which equates to 50% after the 1st billion is given to the owners. No owner has come out and said the players don't deserve it. I think the owners feel the players deserve 50% but the players shouldn't get 50% because that is not good business and I would have to agree with that, BUT here is the problem, the owners gave them 50% and extended it in 2006. How do you get it back? How do you get it back when the sport is making more money than ever? I would start by proving that it is needed back. That has not been proven specifically - it has only been argued that the money is needed back to grow the business. That argument is diluted when everyone knows that the buisness is growing faster than ever and is expected to grow even more. Obviously, there are more costs to running the business than when the CBA was first signed, but who should bear those costs Owners revenue sharing or players giving back money or both.

My opinion, I have no problem with the players digging in their heels and hanging on to what was freely given to them, but I personally believe that in order to produce a new long term CBA that will last for years to come and avoid this mess from happening again, the players should give money back in exchange for other benefits. True, the owners started this fight. True, they agreed to the 50/50 but I agree with the owners that the CBA must be fair to both sides, but to me, the onus was on the owners to correct their mistake peacefully.

http://www.buzzle.com/articles/nfl-play ... s2011.html

Posted: Sun May 22, 2011 6:49 pm
by DesertSkin
Red_One43 wrote:Equating the Owners/Players - employer/employee relationship with everyday employer relationships is a bad comparison. Like it or not, the NFL owners and the players have revenue sharing of all the profits.


This part is wrong. Revenue sharing and profit sharing are not the same. They are not sharing profits. They are sharing the revenues that the owners bring in, means that none of the costs of operating the business are included in the sharing. I think this is a big distinction that many are getting confused.

Posted: Sun May 22, 2011 6:56 pm
by Red_One43
DesertSkin wrote:
Red_One43 wrote:Equating the Owners/Players - employer/employee relationship with everyday employer relationships is a bad comparison. Like it or not, the NFL owners and the players have revenue sharing of all the profits.


This part is wrong. Revenue sharing and profit sharing are not the same. They are not sharing profits. They are sharing the revenues that the owners bring in, means that none of the costs of operating the business are included in the sharing. I think this is a big distinction that many are getting confused.


I see where I am in error. Thanks for the correction.

Posted: Mon May 23, 2011 8:04 am
by VetSkinsFan
DesertSkin wrote:
Red_One43 wrote:Equating the Owners/Players - employer/employee relationship with everyday employer relationships is a bad comparison. Like it or not, the NFL owners and the players have revenue sharing of all the profits.


This part is wrong. Revenue sharing and profit sharing are not the same. They are not sharing profits. They are sharing the revenues that the owners bring in, means that none of the costs of operating the business are included in the sharing. I think this is a big distinction that many are getting confused.


The owners aren't bringing that money in on their own. Without the product or service provided (the games), the owners would be out of luck.

Posted: Mon May 23, 2011 9:41 am
by Countertrey
VetSkinsFan wrote:
DesertSkin wrote:
Red_One43 wrote:Equating the Owners/Players - employer/employee relationship with everyday employer relationships is a bad comparison. Like it or not, the NFL owners and the players have revenue sharing of all the profits.


This part is wrong. Revenue sharing and profit sharing are not the same. They are not sharing profits. They are sharing the revenues that the owners bring in, means that none of the costs of operating the business are included in the sharing. I think this is a big distinction that many are getting confused.


The owners aren't bringing that money in on their own. Without the product or service provided (the games), the owners would be out of luck.


How would that be any different from any business that involves more than one person? Bottom line, without the owners meeting expense obligations, there are no jobs. You have to understand the difference between revenues and profits. Most businesses share PROFITS... which means what is left AFTER expense obligations are met. Profits is ALWAYS a much smaller proportion. You can't claim to be participating in a partnership with ownership (an argument I have heard from players multiple times) if you do not accept a proportion of the risk and liability.

Posted: Mon May 23, 2011 10:57 am
by KazooSkinsFan
VetSkinsFan wrote:
DesertSkin wrote:
Red_One43 wrote:Equating the Owners/Players - employer/employee relationship with everyday employer relationships is a bad comparison. Like it or not, the NFL owners and the players have revenue sharing of all the profits.


This part is wrong. Revenue sharing and profit sharing are not the same. They are not sharing profits. They are sharing the revenues that the owners bring in, means that none of the costs of operating the business are included in the sharing. I think this is a big distinction that many are getting confused.


The owners aren't bringing that money in on their own. Without the product or service provided (the games), the owners would be out of luck.


If the players are more important then the owners, then why can't they take the owners on with their market power instead of by petitioning the government to do it for them exactly?

Posted: Mon May 23, 2011 1:24 pm
by SkinsJock
VetSkinsFan wrote:The owners aren't bringing that money in on their own. Without the product or service provided (the games), the owners would be out of luck.


The owners and players need each other

the players have only wanted one thing and that is to be a part of the NFL and to get some of that pie
the owners would be successful no matter what business they chose, that is what they do

Both owners & players are trying to get the most they can but the players need the owners more than the other way around

hopefully they get this resolved soon for everyone's sake

I'm not an advocate for the owner's but .... :wink:

Posted: Mon May 23, 2011 9:26 pm
by Red_One43
Countertrey wrote:
VetSkinsFan wrote:
DesertSkin wrote:
Red_One43 wrote:Equating the Owners/Players - employer/employee relationship with everyday employer relationships is a bad comparison. Like it or not, the NFL owners and the players have revenue sharing of all the profits.


This part is wrong. Revenue sharing and profit sharing are not the same. They are not sharing profits. They are sharing the revenues that the owners bring in, means that none of the costs of operating the business are included in the sharing. I think this is a big distinction that many are getting confused.


The owners aren't bringing that money in on their own. Without the product or service provided (the games), the owners would be out of luck.


How would that be any different from any business that involves more than one person? Bottom line, without the owners meeting expense obligations, there are no jobs. You have to understand the difference between revenues and profits. Most businesses share PROFITS... which means what is left AFTER expense obligations are met. Profits is ALWAYS a much smaller proportion. You can't claim to be participating in a partnership with ownership (an argument I have heard from players multiple times) if you do not accept a proportion of the risk and liability.


Agreed there is a difference betweeen profits and revenues. I should have stopped at the owners and players have "revenue sharing." That was my error.

I don't agree with the statement, "revenues that the owners bring in." He might say that in private, but not in front of his workers. A better statement an owner could publicly make is, the revenues that my business brought in. Take a look at the publicly owned Green Bay Packers. I doubt that those owning shares in that franchise would say that they bring in the revenue. The bottomline is the business brings in the revenue. In businesses, with workers, such as the NFL - No Owners, no jobs; however, no players, no business.

The owners, who are successful businessmen, knew that the players did not have to pay operating costs and were not accepting a proportion of the risk and liability when they signed the 2006 extension of the CBA, yet they still agreed to continue what amounted to a 50/05 split of revenues. Clearly the owners knew and know that the players are not partners in the business sense of the word, but they were willing to give the players an equal spilt. The players, I am sure, recognize that they are not in a partnership in the corporate sense of the definition. They see themselves as a reason that NFL is as successful as it is - thus partners in the success of the NFL. The NFL cannot survive on replacement players - they need the star players and quality of play. That is why these successfull businessmen seee it fit to pay these guys millions of dollars. Since the merger of the NFL and AFL, several leagues have tried to survive and failed. The latest, the UFL, has decided not to even compete with the NFL. Clearly the market gives the players more leverage in CBA negotiations than with other businesses. That is why the players can make demands that those of us in other businesses cannot.

Ideally, the split should favor the owners because of the business costs and risks they incur; however, when you compare the deal that MLB has with its players, there is big thing missing and a big thing found in the NFL deal. The "missing" is the GUARANTEED CONTRACTS that the MBL players have and the "found" is the SALARY CAP that the MLB players' deal doesn't have. It is understandable why both sides were happy, at the time, with the old CBA when the was signed and then at its extention. Owners had a cap and no guaranteed contracts and the players had an outside the norm 50/50 split of the revenues and free agency.

When it comes to the special employee/employer relationship that the NFL has, let's not forget the anit-trust exemptions the NFL gets. Labor laws recognize a special relationship that the NFL has with its owners and players.

Is the NFL one business or 32 separate businesses? In the American Needle case, the Supreme Court said 32, so why can't the NFL players play for any team (business) that they want? In any other businesses, banking, shipping, auto, a potential employee can choose any business he wants. An auto business cannot draft an employee and prevent him from working for another auto business. Why is it legal for the NFL to prevent a player from choosing to play for the Redskins over the Bengals? Thus, the Brady lawsuit. The American Needle case will not give the players a slam dunk win, but it gives the players leverage when signing the new CBA. (The players can sign a CBA and hope to win this case later) Is the NFL one business or 32 separate businesses when it comes to labor? The answer can be arugued on this thread, but the answer most likely will be found in the Supreme Court.

http://articles.latimes.com/2010/may/25 ... l-20100525

My point is comparing the NFL owner/player relationship to other businesses outside of sports is not a good comparison at all. There are some similarities, but there are major differences that set it far apart from everyday business employee relationships. Some folks have said they would get fired if they asked their CEO to see the books. That I am sure it is true, but Tom Brady, Peyton Manning and Drew Brees will not be fired for asking to see any owner's books. They will be fired when they can't do what they do best - play football. The market says the players have a special employee relationship to the owners and it is something more than the employee/employer relationship that most of us have with our employers.

Posted: Tue May 24, 2011 1:52 am
by 1niksder
DesertSkin wrote:
Red_One43 wrote:Equating the Owners/Players - employer/employee relationship with everyday employer relationships is a bad comparison. Like it or not, the NFL owners and the players have revenue sharing of all the profits.


This part is wrong. Revenue sharing and profit sharing are not the same. They are not sharing profits. They are sharing the revenues that the owners bring in, means that none of the costs of operating the business are included in the sharing. I think this is a big distinction that many are getting confused.


This seems to be the major hang up when you get to the bottom line of what's going on.... They can't decide if they are arguing over revenue or if they are fighting over profits

First they couldn't agree if the owners were being honest by saying they needed to take more than a billion off the top for the owners and divides the rest, or if they should only get a billion has agreed to in the last CBA then it was the rookie cap, then it was football shouldn't be year round for players and retired players were not being taken care of.

In March the owners threw out a proposal that included the Union’s “rookie cap” proposal, rather than the wage scale proposed by the owners, increased number of days off for players, limited full-contact practices in the preseason and regular season; and reduced the off-season program by five weeks, shortening the number of OTAs from 14 to 10, and limiting practice time and contact.

They also offered to increase retirement benefits for more than 2000 former players by almost 60 percent, improvements to the Mackey plan, disability plan, and degree completion bonus program, they increased the proposed cap for 2011 and accepted the Union’s proposed cap number for 2014 ($161 million per club).

The speed-bump was... prior to March all this had been discussed and the owners had fought most of it, but now seemed to be "caving" Prior to March they were trying to come up with a system for sharing money over the projected cap. In the owners last proposal nothing was mentioned about spitting these funds and that led to what we have now.

Posted: Fri May 27, 2011 6:56 am
by Redskin in Canada
SkinsJock wrote:The owners and players need each other

I differ:

Owners -and- players need the fans' and sponsors' MONEY.

No fans = no NFL and no NFLPA

They have a CAPTIVE audience. They know it. They are only concerned about the MARGIN and distribution of revenue among themselves. They know they will have many full stadiums, TV deals and commercial sponsorships. Football has become too big a business for its own good.

I only ask one question:

Who speaks for the captive fans in these negotiations? ...

... considering that the fans foot the bills one way or another all the way to all the different pockets throughout the ENTIRE commercial chain from owners to TV networks to food vendors and anyone in between ...

The answer: NOBODY

Fans vote with their pockets and their feet. If they like what they see, they will buy. If they do not like it, they won't.

Posted: Fri May 27, 2011 8:31 am
by SkinsJock
I agree with your point RiC - I'm only pointing out that both the owners and the players benefit from the NFL

I'm personally just mad at both of them for not being able to find a way to get a deal finalised


I'll venture to suggest, that no matter what, neither the owners or the players will make any deal based on the interest of the fans - and that pisses me off too :roll:

when the deal does get done there will be no measure of what was in it for one of the biggest contributors to both of their financial interests

Posted: Sat May 28, 2011 9:30 pm
by yupchagee
KazooSkinsFan wrote:
Scottskins wrote:on a side note that wasn't being talked about much, if the players were to ultimately win, the draft itself would be illegal because of antitrust laws. MLB and NBA get by this by having a lottery draft. if the players win(which it now looks like they won't) the whole game we have come to love would change. I'm a conservative, and I'm on the owners side in this. I think the players should be paid well, but they are employees, not owners. The sides appear to be making some progress, and I'm confident we will have a season. May not include rookies since there may be no training camps though...


I'm on the side of free markets. Which means the government should stay out of it. The Federal courts have zero Constitutional authority to make any ruling on this. If the owners have the market power they should "win" and if the players do they should.



The constitution explicitly gives the Federal govt the power to regulate interstate comerce. It's not a free market when 32 emlpoyers conspire to rig the market. you seem to be saying that the biggest bully should win. Keep that in mind if someone sticks a gun in your face & asks for your money.

Posted: Sun May 29, 2011 10:14 am
by KazooSkinsFan
yupchagee wrote:
KazooSkinsFan wrote:
Scottskins wrote:on a side note that wasn't being talked about much, if the players were to ultimately win, the draft itself would be illegal because of antitrust laws. MLB and NBA get by this by having a lottery draft. if the players win(which it now looks like they won't) the whole game we have come to love would change. I'm a conservative, and I'm on the owners side in this. I think the players should be paid well, but they are employees, not owners. The sides appear to be making some progress, and I'm confident we will have a season. May not include rookies since there may be no training camps though...


I'm on the side of free markets. Which means the government should stay out of it. The Federal courts have zero Constitutional authority to make any ruling on this. If the owners have the market power they should "win" and if the players do they should.



The constitution explicitly gives the Federal govt the power to regulate interstate comerce. It's not a free market when 32 emlpoyers conspire to rig the market. you seem to be saying that the biggest bully should win. Keep that in mind if someone sticks a gun in your face & asks for your money.

The teams aren't competitors (from a market perspective). There is complete freedom for anyone to compete with the NFL. The NFL competes with other sports, college, and potentially anyone who wants to start another football league (USFL, AFL...). The NFL has endless competition. The NFL has done nothing to stop any of those from competing with them in an uncompetitive way. They have dominated because they have the best product (as determined by the market). But a monopoly they still clearly don't have as there are endless competitors to the NFL for consumers.

As for federal authority, the founders gave the government the power to enable trade, not restrict it. It wasn't meant to be a power for government to control markets. It was a power to allow the government to override States ability to prevent American companies and people from other States from accessing their markets. For government to use that to come in and dictate to the NFL how they will operate is just prima facie Unconstitutional by the 10th Amendment. That lawyers are too power hungry and greedy to read doesn't change that.

Posted: Sun May 29, 2011 1:18 pm
by Red_One43
KazooSkinsFan wrote:
The teams aren't competitors (from a market perspective). There is complete freedom for anyone to compete with the NFL. The NFL competes with other sports, college, and potentially anyone who wants to start another football league (USFL, AFL...).


These statements are correct; however, though the NFL is in the professional sports market with other sports when it comes to labor, the NFL is not in competition with with the MLB, NHL, and NBA. Exceptions like Deion Sanders, Bo Jackson and a few others don't constititute compettion for labor.

The NFL has endless competition.


When it comes to the professional football market, this statement is not correct. There is no other professional football league that can match or come close to the going price of the goods or services that the NFL provides i.e. pay players and television contracts. True, the WFL, and USFL were welcomed to try, but they could not compete. The CFL even came to U.S. soil and could not compete. By definition of competition, the NFL has not one competitor in the professional football market. I am not saying the it is the NFL's fault, that it has no competitors. I am saying that it has no, not one, competitor in the pro football market.

The NFL has done nothing to stop any of those from competing with them in an uncompetitive way.


On October 17, 1984, the USFL sued the NFL seeking $1.7 billion in damages, accusing its older competitor of monopolizing TV contracts and stadium venues that made it virtually impossible for the USFL to play a fall schedule ... On July 29, 1986, a six-person jury returned a symbolic verdict in favor of the USFL, but awarded damages of only $1, which under antitrust law was trebled with interest to $3.76. The check was never cashed. (One check that was cashed: the $6 million in legal fees the NFL was ordered to pay the USFL.)

http://amlawdaily.typepad.com/amlawdail ... -lane.html

According to the decsion of the USFL v. NFL, the NFL had done something to stop the USFL from competing.

They have dominated because they have the best product (as determined by the market). But a monopoly they still clearly don't have as there are endless competitors to the NFL for consumers.


Using the word "Clearly" makes your argument tough. True, the NFL is not considered a monopoly according to the U.S. Government, but anytime the NFL goes to court it is subject to the opinions of the judges and juries of the courts. Once, again, there are no competitors in existence in the pro football market. The UFL has chosen not to compete with the NFL by setting their own prices for goods in services much lower than what the NFL market calls for. They are not in competition with the NFL.

Yes, the NFL has dominated because they have the best product and no one has proved that the NFL continues use tactics like they did against the USFL, but that is not what excuses it from being a monopoly. It depends on how one defines monopoly. Like it or not, call it unconsitutional, but the fact is, what determines whether or not the NFL is a monopoly is the the courts. The courts determined that the NFL is 32 separate businesses. The NFL didn't make this decsion and neither did any definition in a legal dictionary. The NFL should do what it can to stay out of the courts.

Posted: Sun May 29, 2011 1:57 pm
by SkinsJock
I seriously doubt that we're going to get a resolution through litigation - the only way this gets resolved is through negotiation


The players and owners are only interested in money:

the only avenue for the players is to hope the legal system will give them some more money

the only way the owners get back to making money is through a negotiated settlement

this has just got to run it's course and the only people that will be hurt by this after this is over will be the fans - the owners and players will continue to make a lot of money


if some current players are financially hurt because of this that's just too bad in my book - they have had an opportunity to be a part of the NFL and hopefully they took full advantage of it :lol:

Posted: Sun May 29, 2011 3:13 pm
by Red_One43
Who does the lockout hurt?

More people will be hurt than just fans - business owners that are not even sports related such a parking and restuarant businessess. Employees of all such businesses will be effected.

Not all players are millionaires or even close to it. Consider your practice squad players. Consider the practice squad players that bounce on and off rosters - getting paid one week and not the next. Even some of those guys bounce on an off rosters. Players who would rather negotiate and just go back to work, have to just sit and wait like the rest of us. A few players with clout are starting to speak up, but like I said, they have some clout.

Posted: Sun May 29, 2011 5:11 pm
by KazooSkinsFan
Red_One43 wrote:
KazooSkinsFan wrote:The teams aren't competitors (from a market perspective). There is complete freedom for anyone to compete with the NFL. The NFL competes with other sports, college, and potentially anyone who wants to start another football league (USFL, AFL...).


These statements are correct; however, though the NFL is in the professional sports market with other sports when it comes to labor, the NFL is not in competition with with the MLB, NHL, and NBA. Exceptions like Deion Sanders, Bo Jackson and a few others don't constititute compettion for labor.

It's a fair point on labor, but even if you look at it that way, the players don't get more money by harming the NFL. It's not like McDonalds and Burger King where the demise of one helps the other. Which is again because the business is the NFL, not the individual teams. So applying anti-trust within the business is sill nonsense.

Red_One43 wrote:
KazooSkinsFan wrote:The NFL has endless competition.


When it comes to the professional football market, this statement is not correct. There is no other professional football league that can match or come close to the going price of the goods or services that the NFL provides i.e. pay players and television contracts. True, the WFL, and USFL were welcomed to try, but they could not compete. The CFL even came to U.S. soil and could not compete. By definition of competition, the NFL has not one competitor in the professional football market. I am not saying the it is the NFL's fault, that it has no competitors. I am saying that it has no, not one, competitor in the pro football market.

Because the NFL is the best, anti-trust doesn't apply. The NFL didn't prevent them from competing with them, they beat them.

Red_One43 wrote:
KazooSkinsFan wrote:The NFL has done nothing to stop any of those from competing with them in an uncompetitive way.


On October 17, 1984, the USFL sued the NFL seeking $1.7 billion in damages, accusing its older competitor of monopolizing TV contracts and stadium venues that made it virtually impossible for the USFL to play a fall schedule ... On July 29, 1986, a six-person jury returned a symbolic verdict in favor of the USFL, but awarded damages of only $1, which under antitrust law was trebled with interest to $3.76. The check was never cashed. (One check that was cashed: the $6 million in legal fees the NFL was ordered to pay the USFL.)

http://amlawdaily.typepad.com/amlawdail ... -lane.html

According to the decsion of the USFL v. NFL, the NFL had done something to stop the USFL from competing.

You can sue anyone for anything, like this frivolous suit. There are plenty of stadiums and airtime, the NFL didn't beat them, the NFL having the best product did. Anti-trust, not.

Red_One43 wrote:
KazooSkinsFan wrote:They have dominated because they have the best product (as determined by the market). But a monopoly they still clearly don't have as there are endless competitors to the NFL for consumers.


Using the word "Clearly" makes your argument tough

It's dubious that the NFL competes for eyeballs? Dude, look at the number of channels on TV, the number of sports leagues. They CLEARLY have endless competition.


Red_One43 wrote:True, the NFL is not considered a monopoly according to the U.S. Government, but anytime the NFL goes to court it is subject to the opinions of the judges and juries of the courts. Once, again, there are no competitors in existence in the pro football market. The UFL has chosen not to compete with the NFL by setting their own prices for goods in services much lower than what the NFL market calls for. They are not in competition with the NFL.

Yes, the NFL has dominated because they have the best product and no one has proved that the NFL continues use tactics like they did against the USFL, but that is not what excuses it from being a monopoly. It depends on how one defines monopoly. Like it or not, call it unconsitutional, but the fact is, what determines whether or not the NFL is a monopoly is the the courts. The courts determined that the NFL is 32 separate businesses. The NFL didn't make this decsion and neither did any definition in a legal dictionary. The NFL should do what it can to stay out of the courts.


The anti-trust laws aren't about "monopolies." They are about anti-competitive monopolistic behavior. They don't address "natural" monopolies (like water or electric power) and they don't address earned monopolies. And your statement that they were uncompetitive with the USFL isn't backed up with any facts. Just a frivolous lawsuit filed as a last gasp to save themselves. I liked the USFL. But the NFL it wasn't.

Posted: Sun May 29, 2011 10:24 pm
by Red_One43
KazooSkinsFan wrote:
Red_One43 wrote:
KazooSkinsFan wrote:The teams aren't competitors (from a market perspective). There is complete freedom for anyone to compete with the NFL. The NFL competes with other sports, college, and potentially anyone who wants to start another football league (USFL, AFL...).


These statements are correct; however, though the NFL is in the professional sports market with other sports when it comes to labor, the NFL is not in competition with with the MLB, NHL, and NBA. Exceptions like Deion Sanders, Bo Jackson and a few others don't constititute compettion for labor.

It's a fair point on labor, but even if you look at it that way, the players don't get more money by harming the NFL. It's not like McDonalds and Burger King where the demise of one helps the other. Which is again because the business is the NFL, not the individual teams. So applying anti-trust within the business is sill nonsense.

Red_One43 wrote:
KazooSkinsFan wrote:The NFL has endless competition.


When it comes to the professional football market, this statement is not correct. There is no other professional football league that can match or come close to the going price of the goods or services that the NFL provides i.e. pay players and television contracts. True, the WFL, and USFL were welcomed to try, but they could not compete. The CFL even came to U.S. soil and could not compete. By definition of competition, the NFL has not one competitor in the professional football market. I am not saying the it is the NFL's fault, that it has no competitors. I am saying that it has no, not one, competitor in the pro football market.

Because the NFL is the best, anti-trust doesn't apply. The NFL didn't prevent them from competing with them, they beat them.

Red_One43 wrote:
KazooSkinsFan wrote:The NFL has done nothing to stop any of those from competing with them in an uncompetitive way.


On October 17, 1984, the USFL sued the NFL seeking $1.7 billion in damages, accusing its older competitor of monopolizing TV contracts and stadium venues that made it virtually impossible for the USFL to play a fall schedule ... On July 29, 1986, [color=yellow]a six-person jury returned a symbolic verdict in favor of the USFL, but awarded damages of only $1, which under antitrust law was trebled with interest to $3.76. The check was never cashed. (One check that was cashed: the $6 million in legal fees the NFL was ordered to pay the USFL.)[/color]

http://amlawdaily.typepad.com/amlawdail ... -lane.html

According to the decsion of the USFL v. NFL, the NFL had done something to stop the USFL from competing.

You can sue anyone for anything, like this frivolous suit. There are plenty of stadiums and airtime, the NFL didn't beat them, the NFL having the best product did. Anti-trust, not.

Red_One43 wrote:
KazooSkinsFan wrote:They have dominated because they have the best product (as determined by the market). But a monopoly they still clearly don't have as there are endless competitors to the NFL for consumers.


Using the word "Clearly" makes your argument tough

It's dubious that the NFL competes for eyeballs? Dude, look at the number of channels on TV, the number of sports leagues. They CLEARLY have endless competition.


Red_One43 wrote:True, the NFL is not considered a monopoly according to the U.S. Government, but anytime the NFL goes to court it is subject to the opinions of the judges and juries of the courts. Once, again, there are no competitors in existence in the pro football market. The UFL has chosen not to compete with the NFL by setting their own prices for goods in services much lower than what the NFL market calls for. They are not in competition with the NFL.

Yes, the NFL has dominated because they have the best product and no one has proved that the NFL continues use tactics like they did against the USFL, but that is not what excuses it from being a monopoly. It depends on how one defines monopoly. Like it or not, call it unconsitutional, but the fact is, what determines whether or not the NFL is a monopoly is the the courts. The courts determined that the NFL is 32 separate businesses. The NFL didn't make this decsion and neither did any definition in a legal dictionary. The NFL should do what it can to stay out of the courts.


The anti-trust laws aren't about "monopolies." They are about anti-competitive monopolistic behavior. They don't address "natural" monopolies (like water or electric power) and they don't address earned monopolies. And your statement that they were uncompetitive with the USFL isn't backed up with any facts. Just a frivolous lawsuit filed as a last gasp to save themselves. I liked the USFL. But the NFL it wasn't.


I back up my claim that the USFL could not compete with the NFL with more than the lawsuit. Three seasons and losses amounting to $163 million dollars was hardly competing with the NFL. Those facts are also in the article I cited.

That the USFL was not the NFL is precisely my point. The NFL, alone, determines the market price of goods and services in the the professional football market. That is part of the legal definition of a monopoly. Whether or not the NFL is a monopoly will always be debatable, but in the end, the courts decide what is or what isn't monopolistic behavior. Yes you are right that anti-trust laws are about anti-competiton behaviors. Frivoluous or not, the courts ruled that the NFL engaged in anti-competition behavior against the USFL. Who knows what they will rule when NFL matters end up in court?

In the debate on whether or not pro football is a monopoly that applies to the pro football market. No one is saying that the NFL is a monopoly among professional sports leagues. Why are you even arguing that the NFL is not a monopoly when it comes to TV markets in sports? I will give you the "clearly" when it comes to profesional sports. Just don't know how you are conecting that with NFL labor relations. The NFL does not compete for labor with other sports leagues.

When it comes to professional football, there is no competition with the NFL. Not endless! Not one! Search the channels and find just one professional football organization that can pay Sam Bradford a $50 million signing bonus and remain solvent to pay it off. Now, I can name you 31 other separate professional football businesses that might be able to, but they are tied to the rules of one professional football organization, the one and only NFL. No other pro football league exists that is competing with the NFL for the pro football TV market and thus able pay players the market price set by the NFL - meaning - no endless competition. This reality could make an impact on a courts decision concerning the draft.

My point in mentioning the American Needle case was not to say that it was about monopolies but that the NFL takes a big risk because of the ambiguity concerning its status in the business world. The NFL wanted the courts to rule that it was a single entity, but the courts ruled that they were 32 separate businesses. What will the court rule concerning this subject when it comes to labor? If it rules 32 separate businesses concerning labor, that could spell the end of the draft. At this time, no one knows even though, it seems that they would have to stay consistent, but we are talking about the courts. It would be very wise for the NFL to propose a CBA that is fair in the eyes of the players.

Posted: Mon May 30, 2011 12:55 pm
by KazooSkinsFan
Red_One43 wrote:The NFL wanted the courts to rule that it was a single entity, but the courts ruled that they were 32 separate businesses. What will the court rule concerning this subject when it comes to labor? If it rules 32 separate businesses concerning labor, that could spell the end of the draft. At this time, no one knows even though, it seems that they would have to stay consistent, but we are talking about the courts. It would be very wise for the NFL to propose a CBA that is fair in the eyes of the players.

Well, I agree that is what the courts will rule on. But ignoring that the Federal government has zero Constitutional authority to interfere in a dispute between labor and management, competition is defined in terms of the market. Do the 32 teams compete with each other to take customers or do they work together to get them? Clearly the latter. Does the NFL compete for eyeballs? Darn straight it does. The business is the NFL. You can't separate it into any smaller entity which competes in the marketplace for business, that is done at the NFL level.

And despite your wanting to separate labor from customers, there is no difference. Growing the business raises player salaries, harming the business lowers them. And applying anti-trust laws inside a business is preposterous. And clearly the players know the NFL is the business as they have never made any effort to negotiate with individual teams.

Posted: Thu Jun 02, 2011 9:58 pm
by Red_One43
Robert Kraft, Owner, New England Patriots
Get lawyers away from table. Lawyers are deal breakers, not deal makers.”


http://profootballtalk.nbcsports.com/ca ... umor-mill/

Posted: Fri Jun 03, 2011 6:51 pm
by KazooSkinsFan
Red_One43 wrote:Robert Kraft, Owner, New England Patriots
Get lawyers away from table. Lawyers are deal breakers, not deal makers.”


http://profootballtalk.nbcsports.com/ca ... umor-mill/


I just bought my fourth business in two years and you are so right. They drag everything out to increase their billable hours and propose all sorts of stupid suggestions they know won't fly so they can bill for the stupid idea then responding to it's suggestion.

The worst was a deal to your point they killed. I had reached an agreement on buying a business that I was going to merge into one I already owned. The owner was in serious trouble and about to collapse. I proposed to pay her half up front and half spread out quarterly over two years. To keep her customers, I wanted leverage she'd help me, hence the two year payout. Her lawyer told her to get a personal guarantee on the payout. I said no, she's in serious trouble, my offer is very fair and I'm even paying half up front. I have the assets so if there is a personal guarantee I lose the point of the two year payout because she knows she'll get paid even if she doesn't help me. Frankly my business had the assets so she really was already guaranteed the payout, I only wanted the threat. He told her I'd back down and repeated the demand. I pulled my offer and walked. She collapsed and got nothing. The lawyer killed the deal.

My first deal also was a seller in trouble. That is my specialty, buying businesses and turning them around. The seller was broke and on the hook for $120K in lease payments a year for 3 years. I renegotiated the lease with the landlord and used my resume and presented a biz plan they had a better shot of getting paid less by me then what the owner was on the hook for. I paid the seller a a $20K transition fee, but mostly she was getting off the hook for the rent. Her lawyer added to our agreement a list of 10 changes, 8 of which were ridiculous and completely changed the deal. I had my lawyer update the contract with the 2 changes I accepted and sent it back. He sent a long blustery note asking where the rest of his changes were. Her broker called me and I told him I frankly didn't care at this point, she could sign it or not. She did.

My last deal the lawyer never jeopardized and the things he said weren't threatening to kill the deal, but he kept proposing another round of changes every time we thought we were done. I finally just called the sellers and asked if they really wanted that stuff and they said no, they wanted to go ahead and their lawyer was writing it. I told them what I thought was reasonable, they agreed and we finalized the contract.

I always dread the stage where lawyers get the deal. I keep my lawyer's at bay, I'm negotiating the deal, they are just writing it down for me. But the people I'm dealing with don't have the background and when their lawyer starts making up nonsense to drive up the bill, they don't know what to accept so they listen to them.

I can't imagine that lawyers are possibly doing anything to end this and remove the billing code. Not a chance in he.....ck.

Posted: Fri Jun 03, 2011 8:49 pm
by Red_One43
KazooSkinsFan wrote:
Red_One43 wrote:Robert Kraft, Owner, New England Patriots
Get lawyers away from table. Lawyers are deal breakers, not deal makers.”


http://profootballtalk.nbcsports.com/ca ... umor-mill/


I just bought my fourth business in two years and you are so right. They drag everything out to increase their billable hours and propose all sorts of stupid suggestions they know won't fly so they can bill for the stupid idea then responding to it's suggestion.

The worst was a deal to your point they killed. I had reached an agreement on buying a business that I was going to merge into one I already owned. The owner was in serious trouble and about to collapse. I proposed to pay her half up front and half spread out quarterly over two years. To keep her customers, I wanted leverage she'd help me, hence the two year payout. Her lawyer told her to get a personal guarantee on the payout. I said no, she's in serious trouble, my offer is very fair and I'm even paying half up front. I have the assets so if there is a personal guarantee I lose the point of the two year payout because she knows she'll get paid even if she doesn't help me. Frankly my business had the assets so she really was already guaranteed the payout, I only wanted the threat. He told her I'd back down and repeated the demand. I pulled my offer and walked. She collapsed and got nothing. The lawyer killed the deal.

My first deal also was a seller in trouble. That is my specialty, buying businesses and turning them around. The seller was broke and on the hook for $120K in lease payments a year for 3 years. I renegotiated the lease with the landlord and used my resume and presented a biz plan they had a better shot of getting paid less by me then what the owner was on the hook for. I paid the seller a a $20K transition fee, but mostly she was getting off the hook for the rent. Her lawyer added to our agreement a list of 10 changes, 8 of which were ridiculous and completely changed the deal. I had my lawyer update the contract with the 2 changes I accepted and sent it back. He sent a long blustery note asking where the rest of his changes were. Her broker called me and I told him I frankly didn't care at this point, she could sign it or not. She did.

My last deal the lawyer never jeopardized and the things he said weren't threatening to kill the deal, but he kept proposing another round of changes every time we thought we were done. I finally just called the sellers and asked if they really wanted that stuff and they said no, they wanted to go ahead and their lawyer was writing it. I told them what I thought was reasonable, they agreed and we finalized the contract.

I always dread the stage where lawyers get the deal. I keep my lawyer's at bay, I'm negotiating the deal, they are just writing it down for me. But the people I'm dealing with don't have the background and when their lawyer starts making up nonsense to drive up the bill, they don't know what to accept so they listen to them.

I can't imagine that lawyers are possibly doing anything to end this and remove the billing code. Not a chance in he.....ck.


Thanks for sharing your personal experience. It seems cooler heads are starting to take the lead in the negotiations which sound like they are actually negotiating. I was hoping for a quick decision by the 8th Circuit, but perhaps, it is better for the owners and players for the decision to drag a bit to give them time to reach a settlement. I'd hate for the ruling to come down and the posturing start again and then another appeal.

Posted: Fri Jun 03, 2011 9:55 pm
by SkinsJock
Red_One43 wrote:... It seems cooler heads are starting to take the lead in the negotiations which sound like they are actually negotiating. I was hoping for a quick decision by the 8th Circuit, but perhaps, it is better for the owners and players for the decision to drag a bit to give them time to reach a settlement. I'd hate for the ruling to come down and the posturing start again and then another appeal.


:shock:

I know very little about the legal ramifications but I have never had any doubt that this court will take a while

i think most here knew this will continue to drag out

the players need to negotiate a settlement not hope to get help from a drawn out litigation process

this idiot attorney that's leading them needs to WAKE UP :wink: