New York Yankees, 1953; Picher, 1997; as cited by Scremin, 2005). It is interesting to note that: "with the exception of baseball, to some extent, all other major professional sports have had to adapt their rules and policies to comply with antitrust law." (Scremin, 2005) The principle was again tried in the case Flood v. Kuhn in 1972 but the U.S. Supreme Court reaffirmed the exemption.
ANALYSIS
According to the U.S. Supreme Court due to exemption from antitrust laws claimants making claims based on federal antitrust laws in the major league did not have sufficient basis for suit because the U.S. Supreme Court did not assume jurisdiction over the baseball teams even though clubs did travel across state lines and even though players could be transferred across a state line to another club. The reasoning for this is the fact that during the development of the existing antitrust legislation as well as the development of the national major league of baseball that no consideration existed for the federal antitrust laws as they did not have jurisdiction of the league historically and that none was assumed by the baseball league to exist.
CONCLUSION
Because baseball was exempted in the early years (1922) from the jurisdiction of federal...
Of course, in recent years, this power has been diluted somewhat thanks to the rise of collective bargaining. Nonetheless, the fact that for so many years baseball has been characterized as a game rather than interstate commerce worked to the benefit of the industry as a whole. If the exemption were repealed, apparently only possible through act of Congress, players and teams could sue the league if their movements were
Antitrust Exemptions One of the first national laws against trusts and monopolies was the Sherman Antitrust Act of 1886, which applies to all businesses engaged in interstate or international commerce. Federal law and the courts have defined commerce very broadly, as the "giving of essentially anything in return for barter or money" unless a specific exemption is granted (ABA, p2007, p. 7). Up to the 1970s and 1980s, many industries had
Sports and Anti-Trust Is the National Football League's Requirements to Enter the Draft a Violation of Antitrust Law? If so why? Why does the NFL think it is not a violation? Defining the AntiTrusts Legislation Sherman AntiTrust Legislation Clayton Antitrust amendment Presidential support The Maurice Clarett Case The NFL's position, The effect is could have on the game. Judge Scheinin's decision Sherman Antitrust Act Clayton Act Basis of Judge Shira Scheinin's Decision Other cases from other Professional sports leagues, like the NBA, that are
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