The United States Soccer Federation is seeking to score relief from the Supreme Court from a so-called "radical" ruling that could expose the organization to damages.
U.S. Soccer's counsel at Latham & Watkins filed a petition challenging a ruling by the U.S. Court of Appeals for the 2nd Circuit that allowed New York-based plaintiff Relevant Sports to maintain an antitrust conspiracy lawsuit against the federation.
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The original 2018 lawsuit from Relevant focuses on a 2018 FIFA rule which blocks foreign soccer clubs from holding official matches in the United States. Lawyers for Relevant argue that the policy illegally restrains competition in violation of U.S. antitrust law.
Relevant wanted U.S. Soccer's approval to host several official games on U.S. grounds, including one between Girona FC and FC Barcelona; both compete in Spain's La Liga. In an additional lawsuit, U.S. Soccer was accused of attempting to stamp out competition with the country's top domestic league, Major League Soccer.
The 2nd Circuit said that Relevant could maintain an antitrust conspiracy lawsuit since U.S. Soccer is a member of FIFA and agreed to its rules. A three-judge panel on the 2nd Circuit ruled 3-0 to reinstate Relevant's lawsuit.
Latham's Gregory Garre warned the 2nd Circuit's "radical" decision would carry sweeping consequences if it is left in place, according to the petition filed at the Supreme Court.
The ruling, Garre wrote, "imperils thousands of entities that belong to membership associations providing procompetitive benefits across a wide range of industries, and upends long-standing tenets of antitrust law."
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The case is known as United States Soccer Federation Inc v. Relevant Sports, and respondents have been told to issue their filing by Sept. 7.
It takes at least four justices to vote to grant to review a case. It will not be considered by the justices until the end of September at the earliest.