The NFL's business practices routinely dance on the line of the antitrust lawsuits. Even though they are 32 independent, competitive businesses, they row their boats in the same general direction.
It has led to legal challenges. In one of them, the NFL has secured a preliminary win.
Via Reuters, federal judge Andrew Carter Jr. dismissed without prejudice a class action challenging the NFL's online merchandise distribution rules, which allegedly reduce consumer choices and increase prices. Fanatics is also a defendant in the case.
In a nutshell, Casey's Distributing, Inc. argues that the NFL illegally restricts the ability of certain distributors to buy NFL merchandise and to resell it online. The judge found that the civil complaint doesn't sufficiently allege an antitrust injury.
“While plaintiffs have been harmed by the actions of the defendants, the law protects competition, not competitors,” the judge wrote in his 12-page ruling.
It wasn't a full dismissal; the case is not over. The plaintiff has until July 30, 2025 to amend the complaint to address the flaws in the presentation of the case.
Because the presiding judge was appointed by President Barack Obama, the basic political affiliation will make the judge more likely to allow the case to proceed. For now, however, the plaintiff has failed to meet the basic bar for pursuing the case against the NFL and Fanatics.