The NHL Labour Dispute and the Common Law, the Competition Law, and Public Policy

University of British Columbia Law Review, Vol. 37, 2004

Penn State Law Research Paper

64 Pages Posted: 14 Feb 2016

See all articles by Stephen F. Ross

Stephen F. Ross

The Pennsylvania State University (University Park) – Penn State Law

Date Written: 2004

Abstract

This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the relevance and impact of collective bargaining is discussed. Finally, the paper applies these legal standards to the current NHL controversy, concluding that rigid, across-the-board salary restraints do not promote competitive balance and constitute an overbroad and inefficient means to preserve hockey in Canadian cities, avoid ruinous competition, or save economically marginal NHL franchises. Whatever solutions are required to solve hockey's problems, these restraints are not the answer.

Suggested Citation

Ross, Stephen F., The NHL Labour Dispute and the Common Law, the Competition Law, and Public Policy (2004). University of British Columbia Law Review, Vol. 37, 2004, Penn State Law Research Paper , Available at SSRN: https://ssrn.com/abstract=2731869

Stephen F. Ross (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
50
Abstract Views
482
PlumX Metrics