Maurice Clarett, the talented running back who led Ohio State to a thrilling victory over Miami in the 2003 National Championship game, sued the National Football League several months ago in this complaint alleging that the NFL was violating anti-trust laws by not allowing Clarett to become eligible for the NFL Draft until 2005. Today, the District Court issued this decision ruling in Clarett favor and enjoining the NFL from not allowing Clarett to be eligible for the 2004 NFL Draft.
Although this decision may seem surprising, it is not to those of us who follow professional sports and anti-trust law. As a matter of fact, the NFL’s record in past anti-trust cases is not all that great. Part of the reason for the NFL’s phenomenal growth and business success over the past 40 years is that it has avoided investing the money necessary to capitalize a minor league football system similar to what exists in Major League Baseball. Rather, through rules such as the one Clarett challenged, the NFL has shifted the financial risk of minor league football to Division I-A college football teams.
The Clarett decision probably will not result in many high school football players moving directly from high school to the NFL similar to what often occurs with regard to high school basketball players moving directly to the NBA. As a general rule, high school football players simply are not ready physically for the rigors of the NFL. However, a few such as Clarett probably are, and the decision in Clarett’s case correctly gives them the opportunity to pursue that goal if they prefer that goal over a subsidized college education.