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- Title
OUT OF THEIR LEAGUE: AN ANTITRUST ANALYSIS OF ESPORTS PLAYERS ASSOCIATIONS AND ATTEMPTS AT UNIONIZATION.
- Authors
Zetino, Jehnytssa
- Abstract
As esports becomes a more refined and sophisticated industry, more young individuals are able to make a career from playing esports competitively, similar to athletes in more conventional, "old-fashioned" sports such as football, soccer, and baseball. The difference in athletes in esports and "old-fashioned" sports is that athletes in the latter have been protected for years by labor unions. Esports players do not have the same benefit nor the same employment rights that come with unionization. While game developers and esports athletes themselves have tried to create "players associations" to give esports players employment rights, these attempts are folly and do not truly grant any federally protected rights. In fact, these players associations may run afoul of antitrust law. This Comment explores the antitrust implications of game developer-created players associations for esports athletes that attempt to create a system akin to unionization and collective bargaining. This Comment applies the Sherman Trust Act to the structure of esports players associations and analyzes the possible ways players associations, and even their own players, potentially violate antitrust law. Because the industry still needs refining and sophistication, this Comment suggests that the best course of action in protecting esports athletes and granting them employee rights is through legislation.
- Subjects
ESPORTS; ATHLETES; LABOR unions; EMPLOYMENT; EMPLOYEE rights
- Publication
Houston Law Review, 2021, Vol 58, Issue 3, p777
- ISSN
0018-6694
- Publication type
Article