Supreme Court of the United States · Official docket →
United States Soccer Federation, Inc. v. Relevent Sports, LLC, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-2088 · judgment March 7, 2023
Before the decision, about 13.7× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Second Circuit decision below, and down for a business respondent.
Question presented
The “crucial question” in a claim under Section 1 of the Sherman Act is whether the challenged anticompetitive conduct “stem[s] . . . from an agreement” or conspiracy among different actors to restrain trade. Theatre Enters., Inc. v. Paramount Film Distrib. Corp., 346 U.S. 537, 540 (1954). This case presents a recurring question concerning the requirements for pleading the element of conspiracy under Section 1, where a plaintiff challenges a rule promulgated by a membership association as violating the antitrust laws. The Court granted certiorari to resolve the circuit split on this question in Visa Inc. v. Osborn, 137 S. Ct. 289 (2016), but was unable to do so. The question presented is: Whether allegations that members of an association agreed to adhere to the association’s rules, without more, are sufficient to plead the element of conspiracy in violation of Section 1.
Counsel of record
For petitioner
Gregory George Garre
Latham & Watkins LLP
For respondent
Linda T. Coberly
Winston & Strawn, LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage
Proceedings
- Apr 22 2024Petition DENIED.
- Apr 03 2024DISTRIBUTED for Conference of 4/19/2024.
- Apr 03 2024Supplemental brief of petitioner United States Soccer Federation, Inc. filed. (Distributed)
- Mar 14 2024Brief amicus curiae of United States filed.
- Nov 13 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Oct 24 2023DISTRIBUTED for Conference of 11/9/2023.
- Oct 24 2023Reply of petitioner United States Soccer Federation, Inc. filed. (Distributed)
- Oct 10 2023Brief of respondent Relevent Sports, LLC in opposition filed.
- Sep 07 2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
- Sep 01 2023Brief amicus curiae of The American Society of Association Executives filed.
- Aug 22 2023Rule 12.6 letter of Federation Internationale De Football Association received.
- Aug 15 2023Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2023. See Rule 30.1.
- Aug 14 2023Motion to extend the time to file a response from September 7, 2023 to October 9, 2023, submitted to The Clerk.
- Aug 04 2023Petition for a writ of certiorari filed. (Response due September 7, 2023)