United States Sixth Circuit

In a suit brought by a manufacturer and distributor of lacrosse sticks against the National Collegiate Athletic Association (NCAA), claiming that, by changing the rule that governs the size of lacrosse stick heads approved for use in NCAA-sanctioned play, the NCAA violated the Sherman Act and tortiously interfered with plaintiff's business, judgment on the pleadings in favor of the NCAA is affirmed where: 1) plaintiff's failure to allege an injury to competition dooms its Sherman Act claim as a matter of law because the new rule applies equally to all manufacturers and plaintiff may compete in the market on the same footing as all other participants; and 2)district court's judgment in favor of the NCAA on plaintiff's tortious interference claim is affirmed as plaintiff fails to allege specific, affirmative actions by the NCAA that corroborate its claim of malice.

Appellate Information

• Argued 04/28/2010
• Decided 09/29/2010
• Published 09/29/2010

Judges

• COOK

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John J. Bursch, Robert J. Wierenga