Collusive Actions

The Teams and League are prohibited from agreeing or conspiring to do the following:

1. To negotiate or not to negotiate with any Player;
2. To submit or not to submit an Offer Sheet;
3. To offer or not to offer a Player Contract;
4. To exercise or not to exercise FREN;
5. Discuss the terms of employment for a Player;
6. Disclose an RFA is negotiating with a Team.

Non-Collusive Actions

The following are expressly considered non-collusive actions:

1. CBA negotiations;
2. Trades;
3. Sign-and-Trades or Extend-and-Trades;
4. NBA Draft discussions;
5. League discipline of a Player;
6. Commissioner disapproval of a Contract.

Refusal to Negotiate

No Team can fail or refuse to negotiate with a Player for the following reasons:

1. Another Team previously had Draft Rights;
2. Player declined a Player Option;
3. Player becomes a RFA/UFA;
4. Player is or has been subject to Right of First Refusal.

Initiating Action

Both the Player and the NBPA can initiate an action before the System Arbitrator alleging a violation of the Anti-Collusion provision.

The burden of proof is a “clear preponderance of evidence” of a violation.

The Player must provide the violation caused economic injury, while the NBPA can seek a declaration that there was a violation and direction that the conduct stop.

Player’s Relief for Violation

The System Arbitrator can provide the option to terminate the Player’s Contract (after the Season), the Player will then have the ability to do so within 30 days. If the Player was to become an RFA, he can resinstate the Contract by September 15th of that Season.

The Player is also entitled to damages for the violation, but only during the existence of the Contract and not after termination.

Any compensatory damages awarded are included in the calculation of the Salary Cap, while non-compensatory damages are not.

The Team may seek contribution from other Teams that contributed toward the violations.