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Anti-trust Exemption Newsbeat

Friday, April 17, 2015

U.S. Supreme Court asked to overturn baseball’s anti-trust exemption

Leading off…..Roberts…..John Roberts….

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San Jose is hoping to convince the Supreme Court to take the case by arguing that baseball’s antitrust exemption is an outdated doctrine that is harming the public interest in a variety of ways.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.

 


Friday, January 16, 2015

Appeals Court Rejects San Jose’s Anti-Trust Suit Against MLB

In a unanimous ruling, the 9th U.S. Circuit Court of Appeals rejected San Jose’s claims that baseball’s refusal to allow the A’s to move to a downtown ballpark violates federal antitrust laws. The appeals court concluded that baseball’s nearly century-old exemption from antitrust laws forecloses San Jose’s legal case.

“Like Casey,” 9th Circuit Judge Alex Kozinski wrote, “San Jose has struck out here.”

San Jose says it will appeal to the Supreme Court.


 

 

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