Balsillie Throws a Haymaker?

Jeff Kessler, attorney for Balsillie, just presented an interesting question to Judge Baum.

How can the NHL be both bidder, and selector in relation to one franchise?

If the NHL does not own the franchise, and like all others, must bid for its rights, how can they then limit the field by “refusing” others to bid, as they’re attempting to do to Balsillie.

If this situation doesn’t clearly display anti-trust, I’m not sure what would.

Baum is attempting to use the practice of Law firms letting lawyers as partners as a comparator to this situation, but, in this case, the law firm itself is also vying for the single “partnership”.  Would it really be fair for a law firm to deny one lawyer, in favour of itself?

Basically, the NHL is attempting to be both buyer owner, all at once, and that is untenable.



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