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I think you're looking at this from the wrong perspective. You're right that the Academy Awards don't have a monopoly so they're unlikely to succeed by arguing

I think you're looking at this from the wrong perspective. You're right that the Academy Awards don't have a monopoly so they're unlikely to succeed by arguing the Academy is exercising market power to gain/maintain a monopoly. However, this is a group of movie producers, who are usually competitors, working together to completely exclude a new participant (and new competitor) from the market for the most significant movie award. That's very clearly a cartel under the Sherman Act and very clearly an antitrust violation.

gamblor956 8y ago
That's very clearly a cartel under the Sherman Act and very clearly an antitrust violation. That's very clearly not a cartel under the Sherman Act...nor is it an antitrust violation to deny them an award. An Oscar award is not a market activity, so restricting eligibility for a trade award is not a restraint of trade. Might be time to take a refresher CLE course on antitrust law?
- elliekelly 8y ago
  A snarky attack on my professional ability is an excessive response to my offering another way of viewing the issue that your original comment had overlooked. This would be a case of first impression so no one has the answer. Not even you. I appreciate your concern and I assure you my knowledge of antitrust law is plenty fresh. But next time you're near a law library check out the Third Restatement of the Law of Unfair Competition. I helped write it.
  - gamblor956 8y ago
    My apologies. I did not realize you were Prof. Denicola or Perlman of the University of Nebraska College of Law...or one of their student assistants... But my point stands. If you were involved in writing that treatise 23 years ago, you need to re-read your own research or get caught up on the case law since that 1995 treatise was published. An award is an act of speech, not an act of trade, and is not subject to antitrust laws. Especially when that award is but one of many such awards, several of which also restrict Netflix films from eligibility on the same grounds.
    - elliekelly 8y ago
      Who says speech and trade are mutually exclusive? An Oscar nomination has demonstrable value in the market in the form of increased revenue. And attorneys (not students) update the Restatement annually with commentary on recent cases that clarify/change the application of the rules. But it's clear you're more interested in telling me I don't know what I'm talking about than you are in having an interesting discussion so I'll leave you to have a lovely Friday afternoon.

gamblor956 8y ago

That's very clearly a cartel under the Sherman Act and very clearly an antitrust violation. That's very clearly not a cartel under the Sherman Act...nor is it an antitrust violation to deny them an award. An Oscar award is not a market activity, so restricting eligibility for a trade award is not a restraint of trade. Might be time to take a refresher CLE course on antitrust law?

elliekelly 8y ago
A snarky attack on my professional ability is an excessive response to my offering another way of viewing the issue that your original comment had overlooked. This would be a case of first impression so no one has the answer. Not even you. I appreciate your concern and I assure you my knowledge of antitrust law is plenty fresh. But next time you're near a law library check out the Third Restatement of the Law of Unfair Competition. I helped write it.
- gamblor956 8y ago
  My apologies. I did not realize you were Prof. Denicola or Perlman of the University of Nebraska College of Law...or one of their student assistants... But my point stands. If you were involved in writing that treatise 23 years ago, you need to re-read your own research or get caught up on the case law since that 1995 treatise was published. An award is an act of speech, not an act of trade, and is not subject to antitrust laws. Especially when that award is but one of many such awards, several of which also restrict Netflix films from eligibility on the same grounds.
  - elliekelly 8y ago
    Who says speech and trade are mutually exclusive? An Oscar nomination has demonstrable value in the market in the form of increased revenue. And attorneys (not students) update the Restatement annually with commentary on recent cases that clarify/change the application of the rules. But it's clear you're more interested in telling me I don't know what I'm talking about than you are in having an interesting discussion so I'll leave you to have a lovely Friday afternoon.