Ronald Behagen v. Amateur Basketball Association of the United States of America, and William Wall

TACHA, Circuit Judge.

This is an appeal from a jury trial awarding the plaintiff, Ronald Behagen, treble damages under the federal antitrust laws as well as damages for the deprivation of liberty or property interests without due process of law. The defendants contend on various grounds that the jury verdicts should be overturned as a matter of law. We hold that the antitrust claim is barred by the express intent of Congress and that the due process claim is barred by a lack of governmental action. We reverse.

I

The Federation Internationale de Basketball Amateur (FIBA) is the international…