For my fun reading during this offseason, I read up on the case that MLS won against the players, Fraser v. MLS (http://law.justia.com/cases/federal/appellate-courts/F3/284/47/495459/). *I will give the following overview as my commentary and not legal opinion.* I was curious because last year, the Supreme Court decided American Needle v NFL (http://www.supremecourt.gov/opinions/09pdf/08-661.pdf) and held that the NFL could be liable for concerted action by the teams that was violative of the antitrust laws. In reading up about the Fraser case, there is much misconception about what that court held. In Fraser, among other claims, "the players claimed MLS and its operator/investors violated Sherman Act section 1 by agreeing not to compete for player services." Interestingly, the district court granted summary judgment on that issue, and the jury "found that players had failed to prove what they had alleged, namely, that the relevant geographic market is the United States and that the relevant product market is limited to Division I professional soccer players." The appellate court actually did not ultimately address the "single entity" issue: "In all events, we conclude that the single entity problem need not be answered definitively in this case." The appellate Fraser court basically could affirm the jury as "this case would have been lost at trial based on the jury's rejection of plaintiffs' own market definition." In general then, the players in Fraser could not show there was a relevant market so the antitrust analysis ended there.

By the way, one of the errors argued by the players was that the "players claim the court erred in permitting a defense witness, Neil Farnsworth, co-owner of a Seattle Division II professional soccer team, to testify that he was competing with MLS for two specific players, while refusing to identify the players by name on "confidentiality" grounds." Mmm...so Farnsworth testified on behalf of the MLS, and we now have our MLS Sounders.

That notwithstanding, many of the salient facts discussed in Fraser, e.g. no profits, the high likelihood of failure of MLS, etc., don't exist now. More importantly, the Fraser court itself found issues with the single entity structure: "[I]n this case the analogy to a single entity is weakened, and the resemblance to a collaborative venture strengthened, by the fact that the operator/investors are not mere servants of MLS; effectively, they control it, having the majority of votes on the managing board. The problem is especially serious where, as here, the stockholders are themselves potential competitors with MLS and with each other. Here, it is MLS that has two roles: one as an entrepreneur with its own assets and revenues; the other (arguably) as a nominally vertical device for producing horizontal coordination, i.e., limiting competition among operator/investors."

Note that the Fraser court expressly leaves the door open for further player attack. "In theory, there may be a broader market which plaintiffs might show (without contradicting the jury findings) in which unrestricted salary competition between the MLS operator/investors might result in somewhat higher player salaries. In that event, assuming that the single entity defense failed, a basis for liability might exist."

Sorry for the long writing above, and I won't go into American Needle, but let me just guess that that the Supreme Court's more expansive view of antitrust means the MLS is in trouble next go around. MLS does not have many of the arguments available they had in 1998-2000, and the "single entity" rule has not really been decided. Oh, and the MLS players did not have the benefit of the American Needle decision (which most did not think would go against the NFL) when they agreed to the new CBA in 2010. And just remember that many of the other sports league's salary caps are part of collective bargaining with the unions, and have not been ruled "legal" as such, especially in view of the more expansive antitrust rule from American Needle. They are part of the "settlement" of the collective bargain. Consequently, I think the MLS players can definitely bargain a much higher salary cap next go around (or possibly sooner) with MLS under duress of antitrust.

EDITOR'S NOTE: Move to the front page for the sake of discussion on this rather dull weekend. - Jeremiah

Very simple question: who will replace Kasey Keller as captain of the Sounders this season?

Some thought it might be Riley: it clearly won't now. I've included some likely possibilities, as well as an 'other' option. I chose not to include Zach Scott on the short list - although he is currently captain by default, I don't for-see him starting enough next season to justify him being full captain. Have at it, and justify your picks in the comments section.

There's something about a good taco - hard shell, or soft; Street cart, sit-down or home; chicken, steak, ground whatever or veggies; corn or flour; authentic or - they have a great appeal. An appeal so large that Erik Friberg has probably the most famous tweet in Seattle Sounders history. It was one word - tacos.

How do you build your taco? What do you enjoy as sides?

Currently our family enjoys some re-fried beans with some cheese on the side, none of the pickled stuff. We do soft flour tortillas, a little shredded cheese (jack and cheddar) with seasoned ground turkey and sour cream.

No, that isn't an authentic taco. It isn't even close. It's probably more burrito than taco. Do we care? No. It's how we do it. Our way, on our stove, and when we go out the only tacos we'd get are the from a street vendor. I'm a fan of mole enchiladas while my wife likes fajitas.

This is an example of America's relationship to soccer. We do things just a touch different, with adaptations on the authentic that only make sense to us. My goodness do we love authentic tacos from a street vendor, but at home we do them this way, uniquely ours.

Here's you're weekly open thread. What do you enjoy in an inauthentic manner?

Editor's note: Heard about this happening but didn't catch it. In any case, some fun speculation as to what Kasey Keller's appearance on Fox Soccer Channel could mean for his future with the Sounders. - Jeremiah

My wife and I almost missed it as we sat down to watch a DVR of Chelsea hosting Valencia in the UEFA Champions League Group Stage in what was an elimination game. We usually bounce forward by 5 minute increments until we see the match start, forgoing listening to the likes of Eric Wynalda, Christopher Sullivan, and Warren Barton, though we actually somewhat enjoy their analysis unlike practically every other person FSC employs. There was quite a bit of lead in to this game, 20 minutes worth, maybe that's why we ended up watching the analysts after going forward by 10 minutes, only to notice a fourth member in the studio, Kasey Keller.

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As the (Acting) President of the Alliance Council, I’ve heard plenty of skepticism about the Alliance, whether it truly represents "Democracy in Sports" or not, and whether or not it is - or can be - a true voice for fans and a way for them to take some control in the operation of the Sounders.

I share some skepticism. Back in March, in an interview with the Tacoma News Tribune, I said "My sense is that there has been some disillusionment among some of the people because they feel like it’s more a slogan than anything real. I know that I personally have felt like that at times."

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I would love to see the SS doing an offseason tour similar to LA. There may not be much $ but it would keep us sharp before preseason games. It would also allow us to try and mix up the lineup and give more players time to get comfortable as a group. Ex: Sanyang supposidly can play defence, it would be nice to get him out there. Tetteh would be another. Each season we have positions of need so, in addition to big signings, maybe a solid solution is on our bench. Plus I just can't get enought Sounders. Thoughts?

It is a true rarity for a single person to be able to carry on a conversation with themselves for an entire sporting event and to keep the listeners involved. This, to me, was the true brilliance of Arlo. You never got sick and tired of hearing one person's opinion, or felt that the broadcast really needed more than one person in the booth to be able to understand all that was going on. Arlo could call the game while not letting the little details go by without mention. I don't think another like him exists for the Sounders right now. Arlo's shoes are too hard to fill with just one person. I think two people will be necessary.

Taylor Graham will not be the one to fill the color commentary role, but he could be the one to do the analysis. He has played the sport for years (many of them in Seattle), is liked by the players, is bilingual and can translate interviews, is smart (Stanford, nuff said), is funny (judging by the work he did for the Sounders Website over the last three years), and is retired and looking for a job (see front page story). I'm no talent scout or anything but Graham could be really good in that role (way better than that player we had with KC in year one who seemed like he was slipping in and out of a coma during the game).

However, the most important thing is finding someone who knows this game and loves it as much as we do (and as much as Arlo does). Without a good play-by-play guy, no amount of jokes or solid analysis will save us from a cringe-worthy broadcast. I'm sure the Sounders will find someone good, but they probably won't be great. Thats why two may be better than one.

As always this is your open thread for the week to talk all things not quite Sounders &/or soccer related. The community guidelines still apply. Our entry to OFF-topic today is winter beer. I expect that those that imbibe have had a few already. I know I've been browsing from Brrrrr to Ebenezer to Snow Cap to Snow Day to who knows how many more. All share a certain trait - malt in the medium dark range.

Yes, they certainly tend towards spices as well. Most of the additives complimenting traditional Christmas desserts. Things like clove, nutmeg, cinnamon appear quite a bit. So maybe those additives and their brown notes (that's an actual flavor descriptor) guide towards the medium dark malt. Elysian 21st Ammendment (which I had at Elysian last night) does do a strong ale with the spices, but even darker.

What are your favorite winter beers and what else is on your mind?

In waiting patiently for our front office to make moves, I ran across an article I thought was interesting. Since offseason started,many of the talented players from MLS are  training on overseas teams. Here is a list of players and the team they are training on that I got from bleacherreport.com:

Brek Shea - Arsenal

Teal Bunbury - Bolton

Juan Agudelo - Stuttgart

Kyle Beckerman - Kaiserslautern

Bill Hamid - West Brom

Perry Kitchen Freiburg

Robbie Rogers - Kaiserslautern

Sean Johnson - Man U

Omar Salgado - Fulham

Zach Pfeffer - TSG 1899 Hoff

Jeff Larentowicz - Bolton

I believe these players will improve as individuals and will help their respective teams with the experience they are going to get playing on these teams. This in turn will help improve our league. I would like to see our Sounders doing the same. What are your thoughts guys?

If you're like and sort of blah about any American Football action this week, or if you exclusively watch Soccer and just didn't realize this was happening: 

We are down to the quarter finals in the Mexican Clausura (2nd half year competition) tournament.  

This weekend is the second leg of the home away and features Sounders CONCACAF CL opponent Santos Laguna tomorrow afternoon against Chiapas Jaguares. Santos and Jaguares are tied 2-2 after Santos squandered a 2 goal lead last week after getting a red card and then conceeding 2 goals after 80 minutes.

Tomorrow features the other Mexican CONCACAF CL team remaining that is still playing in the Clausura tourney - Monarcos Morelia. Morelia is up on Mexico City side Cruz Azul 2-1 going into the game at 3pm pacific today. 

It's easy to find links for these games on video streaming sites, though you, of course, get Spanish commentary.