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Quote: SmokeyTA "Indeed but if a rule is unlawful how can it be enforced? The law supersedes any RFL rules.

If you can't legally abide by a condition it can't be enforced. If the SC is judged and unreasonable restraint of trade then to enforce it would be unlawful.'"

how can it be a restraint of trade I think if it was that easy then the nrl clubs would have done it salford broke the rules of the comp and not just by giving someone a car they deliberated payed tp from another company and didnt declair it

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Quote: SmokeyTA "Again the question wouldn't be whether it was a restraint of trade (it undoubtedly is, but many restraints of trade exist) but whether it is a reasonable one. Is it pro-competitive in theory and practice. Is the RL market better and more beneficial because of it

In some cases you could make a very strong argument that a salary cap does benefit the market. A good example of that would be the NFL which had huge growing revenues allowing them to pay huge growing wages. Those revenues are based on selling a close and competitive league which anyone one can win. Each side is asked in a large populous and each of them open a huge new market for the league as a whole where revenues are shared between teams and players. There is healthy competition for players and space for a differential between offers.

I don't think you can make the same arguments for RL. We don't have a close competitive competition we down have huge growing revenues and wages have been less than stagnant for 15 years. Each club and it's success do not open new markets and new revenues. They aren't shared between all parties. It is not under any objective judgement procompetititve for the market as the market for top players simply doesn't exist. The best talents in SL simply do not move clubs.

I think it would need to be a very very good argument that it isn't an unreasonable restraint of trade when there are two unarguable realities in SL since the introduction of the SC. Top players earn less and move less.'"


The opposite way to look at it is would an increase in salary cap, or the removal of the salary cap affect any of those issues you mention above. Without a salary cap at all players wouldn't move clubs either- because a handful of clubs would have all the money to spend whilst the rest had to make do with what was left (see Wigan circa 80s ). Would a higher or non existent salary cap encourage new players to play RL or in reality would we just be paying the same players more money. Would young British players be more likely to be involved in the sport or less likely whilst clubs bring in star names from the Southern Hemisphere or RU.
You could be right in that the salary cap doesn't promote those things-you mention above, close competition, new revenues etc etc but equally those things may not be promoted with no salary cap in place. It wasn't prior to.

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Quote: jools "The opposite way to look at it is would an increase in salary cap, or the removal of the salary cap affect any of those issues you mention above. Without a salary cap at all players wouldn't move clubs either- because a handful of clubs would have all the money to spend whilst the rest had to make do with what was left (see Wigan circa 80s ). Would a higher or non existent salary cap encourage new players to play RL or in reality would we just be paying the same players more money. Would young British players be more likely to be involved in the sport or less likely whilst clubs bring in star names from the Southern Hemisphere or RU.
You could be right in that the salary cap doesn't promote those things-you mention above, close competition, new revenues etc etc but equally those things may not be promoted with no salary cap in place. It wasn't prior to.'"

Maybe so (I don't agree but....) but you do need to justify having a restraint of trade. You don't need to justify not having one.

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Quote: bren2k "Which is all fine in technical terms - but I guess there is a reason the biggest sports in the US have a SC that has been judged to be exempt from anti-trust laws; because the players are represented through collective bargaining with their employers and the governing body. And because a SC creates pro-competitiveness and thus, maintains spectator interest. There's a lot of research around whether a SC actually does promote those things - with the contrary results typical of economists - but I really don't see a judge wading in to overturn a well-established precedent like the SC off the back of one club caught cheating.

There is a separate argument about whether the SC [ias implemented by the RFL [/iis effective in creating the things it sets out to create - and I certainly think it could be done better - but the way to achieve that is probably not through the courts; maybe an effective players union is the first step, together with some genuine digging into the actuality of the SC in its current form - because I would be willing to wager that half the clubs in SL are doing exactly what Salford are accused of doing, minus the giveaway of a brash owner who announces his intention to cheat, cheats, then upsets the people he colluded with to cheat, so they feel compelled to dob him in.'"

The 1994 major league baseball players strike was because the owners wanted a salary cap that the players union refused to accept.
It ended after many court, Congress and even then president Clinton interventions with the owners being forced to withdraw the suggested salary cap and replace it with the luxury tax that still exists today.
In fact only NFL and NHL have a full salary cap in place the NBA use a mix of salary cap and luxury cap.
For those that don't know the luxury tax system basically it works by allowing clubs like the Yankees to spend over a set limit by however much they choose but for every 1$ over they add another $1 to a central fund that's divided amongst those clubs that can't spend up to the limit.

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Quote: SmokeyTA "Maybe so (I don't agree but....) but you do need to justify having a restraint of trade. You don't need to justify not having one.'"


Their argument would be solvency- however......

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Quote: bezzerscr "The 1994 major league baseball players strike was because the owners wanted a salary cap that the players union refused to accept.
It ended after many court, Congress and even then president Clinton interventions with the owners being forced to withdraw the suggested salary cap and replace it with the luxury tax that still exists today.
In fact only NFL and NHL have a full salary cap in place the NBA use a mix of salary cap and luxury cap.
For those that don't know the luxury tax system basically it works by allowing clubs like the Yankees to spend over a set limit by however much they choose but for every 1$ over they add another $1 to a central fund that's divided amongst those clubs that can't spend up to the limit.'"


That's not the full story though - the MLB also uses a revenue sharing system, which takes a % of net local revenue into a central pot, and divides it amongst all teams in the league. This is aimed at assisting those clubs who don't have a large local market, to stay competitive with those who do.

As I said - a SC in and of itself is unlikely to be ruled as unlawful; but the RFL could do a much better job of implementing their SC - and there are examples for them to work from if they were so minded.

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