Single-Entity and North American SoccerΓÇÖs Struggle for Survival

  • David Kilpatrick Mercy College

Abstract

Major League Soccer [MLS] was formed using a single-entity ownership model as an antidote to professional soccer’s history of failure in North America. While the league and its supporters credit single-entity as the key to sustainability, detractors cite this model as a key factor in the sport’s still relatively marginalized status among professional team sports domestically, as well as the league’s poor (if perhaps improving) reputation globally. This paper will explore the historical reasons for choosing this ownership model, examine the relative success or failure of this model, and question if  league’s single-entity structure is the best recipe long-term success for professional soccer in North America.

Author Biography

David Kilpatrick, Mercy College
Currently Chair of Literature and Language at Mercy College, David Kilpatrick holds a PhD in comparative literature and MA in philosophy from Binghamton University.  He is the Club Historian of the New York Cosmos. He has coached youth, scholastic and collegiate soccer and is the Section 3 Coach Trainer of the American Youth Soccer Organization (AYSO), overseeing coaching education in the northeastern United States for AYSO.  He is the former President of Arsenal America and Rivertowns United FC.  His writing on sport has appeared in The New York Times, Soccer & Society, Aethlon and The Journal of Sport History, and he is a member of the editorial boards of Soccer & Society and The Agonist.   His latest book, Obrigado: A Futebol Epic, is a collection of poems on the 2014 FIFA World Cup, available as a book by Beadle and compact disc/digital download by 24 Hour Service Station.

References

Archynews. (2015). Garber: MLS plan in 6 several weeks to grow beyond 24 teams. Archynews. 24 April 2015. Retrieved on 8 May 2015. http://archynews.com/garber-mls-plan-in-6-months-to-expand-beyond-24-teams/

Bennet, R. (2013). Can you call yourself a U.S. soccer fan if you donΓÇÖt support MLS? ESPN FC. Relegation zone (blog). 8 March 2013. Retrieved on 2 May 2013 from http://espnfc.com/blog/_/name/relegationzone/id/728?cc=5901

Bezbatchenko, T. (2010). Bend it for Beckham: A look at Major League Soccer and its single entity defense to antitrust liability after the designated player rule. The Business of Sports. Ed. Rosner, S. & Shropshire, K. 2nd ed. Sudbury, MA: Jones & Bartlett Learning.

Brown, M., Rascher, D., Nagel, M., & McEvoy, C. (2010). Financial Management in the Sport Industry. Scottsdale, AZ: Holcomb Hataway, Publishers. Canadian Trade-Mark Data. (2012). Cascadia Cup. Retrieved on 8 May 2013 from http://www.cipo.ic.gc.ca/app/opic-cipo/trdmrks/srch/vwTrdmrk.do?lang=eng&status=OK&fileNumber=1607055&extension=0&startingDocumentIndexOnPage=1

Dure, B. (2010). Long Range Goals: The Success Story of Major League Soccer. Washington, DC: Potomac Books. ESPNFC.com. (2013). Don Garber: MLS has made progress. 4 January 2013. Retrieved on 9

May 2013 from http://espnfc.com/news/story/_/id/1288350/mls-commissioner-don-garber-'surprised'-by-sepp-blatter-criticism?cc=5901

Ferrari, S. (2013). Soccer Showdown. Queens Tribune. 2 May 2013. Retrieved on 2 May 2013 from http://www.queenstribune.com/2013Weekly/Trib%20Web%20050213 Feature_050213_SoccerShowdown.html

Firchau, N. (2013). Garber: MLS has work to do on Cascadia trademark tussle. MLSSoccer.com.

Retrieved on 8 May 2013 from http://www.mlssoccer.com/news/article/2013/01/17/garber-mls-has-work-do-cascadia-trademark-tussle

Fraser v Major League Soccer, L.L.C. (2002). Iain FRASER; Steve Trittschuh; Sean Bowers; Mark Semioli; Rhett Harty; David Scott Vaudreuil; Mark Dodd; and Mark Dougherty, Plaintiffs, Appellants, v. MAJOR LEAGUE SOCCER, L.L.C.; Kraft Soccer, L.P.; Anschutz Soccer, Inc.; Anschutz Chicago Soccer, Inc.; South Florida Soccer, L.L.C.; Team Columbus Soccer, L.L.C.; Team Kansas City Soccer, L.L.C.; Los Angeles Soccer Partners, L.P.; Empire Soccer Club, L.P.; Washington Soccer, L.P.; and United States Soccer Federation, Inc., Defendants, Appellees. No. 01-1296. 20 March 2002.

http://caselaw.findlaw.com/us-1st-circuit/1441684.html

Harris, C. (2013). Don Garber complains thereΓÇÖs too much soccer on TV; wants NFL model. EPL Talk. 26 April 2013. Retrieved on 26 April 2013 from http://epltalk.com/2013/04/26/don-garber-complains-theres-too-much-soccer-on-tv-wants-nfl-model-instead/

Hopkins, G. (2010). Star-Spangled Soccer: The Selling, Marketing and Management of Soccer in the USA. New York: Palgrave, Macmillan.

Hutcherson, J. (2013). Major League Soccer and the rest of the world in 2022. USSoccerPlayers.com. 19 January 2013. Retrieved on 26 April 2013 from http://www.ussoccerplayers.com/2013/01/major-league-soccer-and-the-rest-of-the-world-in-2022.html

Jakobsze, M. (2010). Kicking single-entity to the sidelines: Reevaluating the competitive reality of Major League Soccer after American Needle and the 2010 Collective Bargaining Agreement. Northern Illinois University Law Review. Vol. 31. (2010). Pp. 131-174. http://www.niu.edu/law/organizations/law_review/pdfs/full_issues/31_1/Jakobsze%20131-174.pdf

Jose, Colin. (1998). American Soccer League 1921-1931: The Golden Years of American Soccer. Lanham, MD: Scarecrow P.

Kuper, S. & Szymanski, S. (2009). Soccernomics. New York: Nation Books.

Martinez, D. (2013). Messing lends voice to growing chorus for change in MLS single entity structure. Empire of Soccer. 29 March 2013. Retrieved on 24 April 2013 from http://www.empireofsoccer.com/messing-lends-voice-to-growing-chorus-for-change-in-mls-single-entity-structure/

Jakobsze, M. (2010). Kicking ΓÇ£single-entityΓÇ¥ to the sidelines: reevaluating the competitive reality of Major League Soccer after American Needle and the 2010 Collective Bargaining Agreement. Northern Illinois University Law Review. Vol. 31. 132-174. Retrieved on 9 April 2013 from http://www.niu.edu/law/organizations/law_review/pdfs/full_issues/31_1/Jakobsze%20131-174.pdf

Sandomir, R. (2000). Federal jury in antitrust suit says M.L.S. is not a monopoly. The New York Times. 12 December 2000. Retrieved on 7 May 2013 from http://www.nytimes.com/2000/12/12/sports/soccer-federal-jury-in-antitrust-suit-says-mls-is-not-a-monopoly.html

The Sun. (1894). Brooklyn, 3; Philadelphia, 1. 19 October 1894. Retrieved on 18 March 2013 from http://chroniclingamerica.loc.gov/lccn/sn83030272/1894-10-19/ed-1/seq-4/

Waxman, M. (2001). Fraser v. MLS, L.L.C.: Is There a Sham Exception to the Copperweld Single Entity Immunity? 12.1 (Fall). Marquette Sports Law Review. 487-499. Retrieved on April 23 from http://scholarship.law.marquette.edu/sportslaw/vol12/iss1/18

Published
2015-09-07
Section
Articles