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San Jose files appeal with Supreme Court to overturn MLB's anti-trust exemption
Posted on 4/19/15 at 10:59 am
Posted on 4/19/15 at 10:59 am
quote:
For the first time in four decades, the U.S. Supreme Court will have an opportunity to reconsider baseball’s notorious exemption from antitrust law. On Wednesday, the city of San Jose, California filed an appeal with the nation’s highest court, asking it to overturn professional baseball’s nearly century-old immunity from the Sherman Antitrust Act.
The appeal is the latest step in the litigation surrounding the Oakland A’s proposed move to San Jose. Back in 2013, the city sued Major League Baseball claiming that the league’s failure to approve the A’s relocation violated federal antitrust law. The district court dismissed the lawsuit later that same year, concluding that baseball’s exemption shielded MLB’s relocation decisions from antitrust scrutiny. That decision was upheld earlier this year by the Ninth Circuit Court of Appeals.
While these lower courts were constrained by a series of Supreme Court precedents exempting baseball from the Sherman Act, the Supreme Court itself is not bound to follow the prior rulings. So San Jose is asking the Court to seize this opportunity to overturn baseball’s highly controversial antitrust immunity. Like any appeal to the U.S. Supreme Court, however, the odds that the Court will agree to take San Jose’s appeal are rather slim.
San Jose is hoping to convince the Supreme Court to take the case by arguing that baseball’s antitrust exemption is an outdated doctrine that is harming the public interest in a variety of ways. In its Petition for A Writ of Certiorari – the formal name of an appeal to the Supreme Court – the city argues that none of the original legal justifications for the exemption remain.
The exemption was created back in 1922, when a unanimous Supreme Court ruled that MLB was not engaged in “interstate commerce,” and therefore was not subject to the federal antitrust laws. While this characterization of professional baseball may seem ridiculous today, it was in fact consistent with the Supreme Court’s jurisprudence at the time.
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Posted on 4/19/15 at 11:11 am to Bench McElroy
I always thought the exemption was codified in law. Had no idea is was Supreme Court precedent.
Posted on 4/19/15 at 11:17 am to boosiebadazz
The labor side is codified in law..
Posted on 4/19/15 at 11:21 am to boosiebadazz
Helps to get that when the Commish of Baseball is a federal judge.
Posted on 4/19/15 at 12:24 pm to lsu31always
The commisioners office always bends for fear of having this retried. Surprised they haven't told the Giants to knock it off and grant them rights in San Jose. Its a dick move since the A's gave up the right to the Giants over 20 years ago to use as bargaining chip as a possible relocation if they didn't get a new stadium. This was all pre Silicon Valley and the area wasn't even in the same realm of value as it is now.
Posted on 4/19/15 at 12:27 pm to Bench McElroy
quote:
The exemption was created back in 1922, when a unanimous Supreme Court ruled that MLB was not engaged in “interstate commerce,” and therefore was not subject to the federal antitrust laws. While this characterization of professional baseball may seem ridiculous today, it was in fact consistent with the Supreme Court’s jurisprudence at the time.
That's the key right there. "MLB is not a business" is a factual finding, not a legal/constitutional finding, so San Jose wants to revisit the issue. No reasonable person could argue that the 1922 ruling still applies--MLB is quite clearly an interstate business.
Posted on 4/19/15 at 1:19 pm to Bench McElroy
Will be interesting to see what happens. Part of me would love for the A's to be able to relocate down there because it would be good for baseball, but the Astros fan in me says frick that because their payroll flexibility would probably grow a great deal
Posted on 4/19/15 at 1:55 pm to Bench McElroy
San Jose was declared to be part of the San Francisco Giants' territory when the Giants played at Candlestick Park. It made sense to give the Giants the South Bay since the A's kind of got the North and East Bay by default due to difficulty getting to and from Candlestick. However, when the Giants relocated to AT&T they moved farther from their fans in the South Bay, but closer to the fans in the North and East Bay. Anyone who has been to a game at AT&T and the Oakland Coliseum knows that the experiences are not comparable. As a result, the Giants have captured many of the North and East Bay fans that once went to A's games.
The natural solution would be for the A's to relocate south to get closer to the fans in the South Bay. However, the Giants have insisted that the South Bay remain their territory, and they have been able to prevent any of the communities from considering building a major league ballpark since they would not have a tenant. The A's would love to relocate closer to the San Jose market, but the Giants block their efforts.
The natural solution would be for the A's to relocate south to get closer to the fans in the South Bay. However, the Giants have insisted that the South Bay remain their territory, and they have been able to prevent any of the communities from considering building a major league ballpark since they would not have a tenant. The A's would love to relocate closer to the San Jose market, but the Giants block their efforts.
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