08-27-2019, 07:22 AM
(08-27-2019, 06:40 AM)Lods link Wrote:It's an interesting discussion...and I'm probably arguing against my initial thoughts.
There is a strong argument that had Elliott taken the draft to court under restraint of trade he wouldn't necessarily have succeeded.
It's argued on the very basis that the draft is designed to equalise the competition.
http://classic.austlii.edu.au/au/journal...2006/5.pdf
Free agency as it currently exists wouldn't necessarily pass that equalisation test.
It's actually driving things in the opposite direction.
But the players are comfortable with free agency so are unlikely to kick up a fuss.
If you limited salary and destination for free agents to only the bottom half of the competition that wouldn't be as attractive and would likely result in a challenge to the system.
The AFL would then have to hope that a decision to limit free agents to a certain group of clubs would hold up on the basis of it being designed to even the competition.
Draft had a precedent in Court when the Rugby league Players Association beat it there.