Every contract, combination * * * or conspiracy in restraint of trade or commerce among the several states * * * is declared to be illegal * * *.' The government has filed this action seeking an injunction against the enforcement of the provisions of Article X, contending that they are illegal under the Sherman Act, 15 U.S.C.A.

Most League games, particularly regular season games, are played on Sundays, and since the teams, when they are not playing at home, almost always either broadcast or televise their 'away games' in their home territories, the restrictions of Article X effectively prevent 'live' broadcasts or telecasts of practically all outside games in all the home territories. The evidence is uncontradicted that it is the general policy of the clubs to refuse to permit the broadcasting or televising of 'outside games' in their home territories and that such permission has seldom been granted. C., for defendants.Īrticle X of the by-laws of the National Football League provides that no club shall cause or permit a game in which it is engaged to be telecast or broadcast by a station within 75 miles of another League City on the day that the home club of the other city is either playing a game in its home city or is playing away from home and broadcasting or televising its game by use of a station within 75 miles of its home city, unless permission for such broadcast or telecast is obtained from the home club. Posner, Hartford, Conn., Department of Justice, for plaintiff.

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