Professional Baseball Teams and the Antitrust Laws PDF Download

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 74

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Author: Nathaniel Grow
Publisher: University of Illinois Press
ISBN: 0252095995
Category : Law
Languages : en
Pages : 297

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Book Description
The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time. Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be? Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.

Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 96

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Author: Stuart Banner
Publisher: Oxford University Press
ISBN: 0199974691
Category : Sports & Recreation
Languages : en
Pages : 300

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Book Description
The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.

Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category :
Languages : en
Pages : 362

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Book Description

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 354

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Book Description

Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 40

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Book Description

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 672

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Author: Andrew S. Zimbalist
Publisher: Brookings Inst Press
ISBN: 9780815797289
Category : Business & Economics
Languages : en
Pages : 198

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Book Description
Major League Baseball is experiencing a period of distinct uncertainty. Average game attendance has fallen since the 1994 strike. Congress has called into question baseball's presumed antitrust exemption. Broadcast rights disputes for popular teams have created complications for fans. However, new stadium facilities and, more important, the renewed excitement brought to the game by shattered batting records and the blazing pitchers of the late 90's brought fans back. A strike was narrowly averted at the end of the 2002 season, a campaign that yielded one of the most exciting post-seasons yet, with the unlikely Anaheim Angels claiming the coveted World Series trophy.Beneath these encouraging developments deep problems persist within Major League Baseball. Though a labor agreement was finally reached between players and owners, the specter of another dispute looms in the minds of fans. The new agreement, while a positive step, introduces several perverse incentives and will only make a modest dent in baseball's economic deformities. While Commissioner Bud Selig's proposal to eliminate two under-performing franchises was put on hold, the Players Association has agreed not to challenge an owner effort to contract two teams before the 2007 season. Beyond that, Selig himself has become the object of controversy, as questions regarding his possible conflicts of interest and poor leadership taint his reign over baseball. Disputes surrounding the establishment of regional sports networks, such as New York's YES network, make it more difficult and expensive for fans to watch their favorite teams. Tough questions about baseball's presumed special antitrust status have been raised by many, including an official Congressional inquiry.This book explores the abuses and inefficiencies in the functioning of the baseball industry and how these problems are directly connected to Major League Baseball's monopoly status, its presumed exemption from antitrust regulation, and public policy. Andrew Zimbalist, a noted sports economist, spares no criticism for baseball's current leadership. He asserts that the biggest problem for baseball remains the economic realities of its monopolistic practices. The absence of competitive pressure has bred arrogance, laxity, and inefficiency in Major League Baseball, according to Zimbalist. Among other recommendations, he argues that lifting the presumed exemption would allow government and judicial oversight, with an eye toward ending the abuses.May the Best Team Win provides a solid, hard-hitting analysis of the current state of America's pastime. Easily accessible and highly informative, it is bound to become a standard reference tool for fans seeking a deeper understanding of the important issues

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 216

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Book Description
Distributed to some depository libraries in microfiche.