It’s Getting Too “Messi”: The Pending Litigation That Should Lead Major League Soccer to Finally Abandon Its Single Entity Structure

Authors

• Aaron Glas, University of Miami School of Law

Abstract

Despite being the most popular sport worldwide, soccer has never attained that level of popularity in the United States, lagging significantly behind sports like football, basketball, and baseball. Major League Soccer (“MLS”) was founded in 1995 in an effort to establish a viable, long-term professional soccer league in the United States. It was structured as a single entity to keep costs low, promote an even playing field, and avoid costly antitrust suits brought by its players. The United States Soccer Federation (“USSF”) helped insulate the league from competition in its infancy, but MLS is now a completely different league from its inception. This Note examines the current structure of American soccer through the lens of North American Soccer League v. United States Soccer Federation, an antitrust suit brought by the North American Soccer League (“NASL”), a league that sought to challenge MLS for the throne of American soccer. The NASL alleged that they were improperly forced out of business through a conspiracy by MLS and the USSF. The case went to trial in early 2025, and the jury found in favor of MLS and the USSF. They avoided a potential damages bill of $500 million—for now. The Second Circuit has agreed to hear the NASL’s appeal.

Regardless of the ultimate outcome of the litigation, the case exposes that soccer in the United States has been shielded from the forces of competition. This is antithetical to U.S. antitrust laws and the belief that free market forces produce the best products. One aspect that has survived due to this insulation is the single entity structure. It has lost its strength as a defense in the courtroom, and the business evolution of MLS from its inception has rendered the single entity structure a barrier to healthy growth. Yet, MLS continues to try to function as one, creating business and operational inefficiencies that bleed over into lacking on-field quality of play. The single entity structure is no longer the best model for MLS, but MLS has been resistant to change because it faces no prospect of competition. This Note advocates for the dissolution of MLS’s single entity structure and a restructuring to a more traditional club-centric model to improve its on-field quality of play and become a better product overall.

Recommended Citation

Aaron Glas, It’s Getting Too “Messi”: The Pending Litigation That Should Lead Major League Soccer to Finally Abandon Its Single Entity Structure, 80 U. Mia. L. Rev. 1077 (2026).
Available at: https://repository.law.miami.edu/umlr/vol80/iss4/9