RPJ’s Alice K. Jump Quoted in “The Mirror U.S.” on Potential Antitrust Claims in Macklemore-NFL Stadium Dispute

Reavis Page Jump LLP partner Alice K. Jump was recently quoted by The Mirror U.S. in its article, “Macklemore’s option to take legal action against Robert Kraft after NFL stadium ban,” discussing potential antitrust issues arising from rapper Macklemore’s reported removal from Ed Sheeran’s tour.

The article examined allegations that New England Patriots owner Robert Kraft pressured Ed Sheeran to remove Macklemore from the tour after Macklemore made a political statement in support of Palestine during a performance, and that Kraft potentially coordinated with other NFL stadium owners to prevent Macklemore from performing at their venues.

Ms. Jump noted that evidence of intentional coordination among competing venue owners could be significant to any potential antitrust claim, particularly evidence demonstrating an effort to exclude Macklemore from the market. As she explained, evidence suggesting an agreement “to drive Macklemore out of the market” could be important, including communications reflecting an intent to “make sure he never works again.”

At the same time, Ms. Jump highlighted an important distinction concerning the motivation behind the alleged conduct, noting that “anti-trust laws are directed at economic or market behavior rather than political or free-speech issues.” She explained that a court would need to determine whether the alleged conduct was motivated by an economic purpose or instead reflected a venue owner’s decision to respond to perceived objectionable speech.

Read the full article here.