Except that the AFL draft has never been challenged in court.
Come on OT. You don’t have to be a legal expert to understand the difference. Get off your high horse and look at it. You have a good brain when you’re not going off half cocked.
OK let's try this way to get to a conclusion.
Here I am referring to the posters that keep saying you cant have a draft due to legal reasons.
If a draft is a restriction of trade as some people suggest it is then there has to be a legal connotation applied to that logic.
Does anyone think that AFL players are dumb and wouldn't want to be paid more and they just sit idly by whilst the so called "restriction of trade" is forced upon them?
Do they think that the ACCC wouldn't be suggesting that the AFL needed to get rid of it to ensure free market if it was illegal?
The reason why the draft works in the AFL is simple in that the AFL run the f**king game and create the rules and by laws and the way contracts are drafted.
Be part of the system we have created or piss off and do your shit somewhere else and it is that simple.
The NRL and all its former entities have suffered because the modern players refuse to go to a club that may not suit them as was the case with Terry Hill which escalated the situation way beyond the case that involved Dennis Tutty.
The players association got behind Hill and boycotts were threatened and the people in charge folded like a cheap suit.
Players openly muted that if forced to go to a club they didn't want to go to they might run out on the paddock but wouldn't "play" for the club in other words do SFA and of course would happily see their contract out in reserve grade whilst earning big $$$ if that was the case.
No doubt player managers also figured in the way that it all transpired but be in no doubt the contracts were then drafted to ensure NRL players were so called "free agents".
FFS in the old days John Wittenberg had to sit out the entire 1966 season as part of his transfer conditions just so he could come to the Dragons from Qld and in doing so it cost him a premiership.
Once upon a time the people, that ran RL were fearless in the way that the game was administered and that is not the case now.