Sherman Act Antitrust Liability and State Athletic Associations

The article will examine the Brentwood Academy case and the Sixth Circuit's view of state action under the Fourteenth Amendment and the Sherman Act. The discussion of the legal issues in Brentwood Academy will be divided into three parts: a summary of the litigation regarding plaintiff's constitutional claims, particularly as to the state athletic association being a state actor: a review of the Sixth Circuit's reinterpretation of state actions for purposes of plaintiff's antitrust claim; and, a discussion as to how the Sixth Circuit's approach to state action and antitrust might affect the organization and operation of athletic associations.