Jeffrey Kessler Discusses Implications of NASL Antitrust Litigation with Sports Illustrated

Winston Co-Executive Chairman and famed sports litigator Jeffrey Kessler is featured in a Sports Illustrated article titled “NASL Braced for Lengthy Legal Battle but First Needs Immediate Win vs. U.S. Soccer,” published on September 28, 2017.

The article covers the North America Soccer League’s (NASL) ongoing litigation seeking a preliminary injunction to reinstate its division two status by the U.S. Soccer Federation (USSF) and a permanent injunction against the USFF’s Professional League Standards. The NASL made an important step forward in its first goal on September 26 when the U.S. District Court in Brooklyn ruled to schedule a hearing on the preliminary injunction motion on the accelerated scheduled requested by the NASL, rejecting the USSF’s objection.   

An NASL team owner stresses the importance of the established October hearing date: “Time is of the essence in obtaining judicial relief. Without a preliminary injunction in one month…NASL clubs…face a serious risk of being unable to conduct necessary preparations for the 2018 season.”

The NASL is not seeking monetary damages, but rather “‘to get rid of what the USSF calls the professional league standards, which they use to prevent any competition ever happening against [Major League Soccer],’” Jeffrey tells Sports Illustrated.

Explaining the broader implications of the case on antitrust law, Jeffrey notes that “‘In the United States, [it’s understood] that private parties don’t get together and regulate competition…If there’s a need to regulate the competition, the government does that…You should not have private parties trying to decide who’s Division 1 and who’s not, particularly when they’re biased, non-neutral private parties.’”