Question:
Gene Washington, Diron Talbert, and Sean Lumpkin, former professional football players, instituted a suit on behalf of themselves and a putative class of similarly situated players alleging that the National Football League (NFL) had monopolized the market for their likeness in violation of the Sherman Act. The players argued that because they were not allowed the rights to game footage and images from the games in which they had played, the NFL had committed an antitrust violation. The players alleged that they received little compensation from game footage in which they appeared, while the NFL reaped large sums. The game footage at issue was owned either by the NFL alone or by the NFL and a particular team. In other words, the individual teams did not exclusively own the footage of their own players. Thus, the teams had to "cooperate to produce and sell" the footage because "no one entity can do it alone." The district court held that the NFL and its teams could "conspire to market each [team's] individually owned property, but not property the teams and the NFL can only collectively own." The court therefore found no illegal concert action under the Sherman Act. Should the retired players be permitted to sell their likeness in the footage? Why or why not? Washington v. National Football League, 880 F. Supp. 2d 1004 (D. Minn. 2012).