Is the Draft a restraint of trade?
Something me and a friend of mine have been talking about, whether or not in sport, if the draft is a restraint of trade. It basically came about as we were talking about how 170 rugby league players were able to take action in the High Court and it was ruled in their favour as "an unreasonable restraint of trade" (Backround article url=http://http://www.smh.com.au/articles/2003/02/08/1044579986324.html]NRL revisits the draft -smh.com.au - 19/2/2003]) back in 1991.
We were wondering how if league players can take legal action and win, why haven't AFL players or any of the big American sports haven't taken a similar path? Heck, America basically thrives off having a free market system (I know it goes into a bit more detail then that). Just want to know what other people thought.
FTR I would be in favour of a draft in the NRL if they could come up with a workable system.