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Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 460
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 460
Get Book Here
Book Description
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. Subcommittee on Antitrust, Monopolies, and Business Rights
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 84
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Book Description
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.
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. Subcommittee on Economic and Commercial Law
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 716
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 440
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Book Description
Author: Mark Nagel
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Major League Baseball (MLB) rules restrict the movement of any franchise into another's territory. These territorial rules are designed to protect each team's potential local revenue sources as well as to provide stability throughout the league. Recently, Major League Baseball approved financial compensation for the Washington Nationals move into the Baltimore Orioles' territory - primarily because it was in the best interest of MLB even though it hurt the Orioles. However, the Oakland Athletics were unable to even negotiate a potential compensation plan for a move into the San Francisco Giants territory, despite the apparent financial benefit the move could have provided for every other league franchise. The Athletics are already located within 15 miles of the Giants, and their potential 40 mile move to San Jose, California would not add a new team to the San Francisco Bay Area; rather, it would simply be a move of a current team to a different location within the metropolitan area. The refusal of the Giants or MLB to negotiate a potential compromise has kept the Oakland Athletics in a substandard facility and has led to their potential move to Fremont, CA - a less desirable location than San Jose. This paper investigates the legal, policy, and financial considerations concerning Major League Baseball's territorial rules. Specifically, it addresses antitrust law as it pertains to American professional sport, relative sport franchise relocation cases, financial arguments why leagues desire to control relocation, financial components of MLB's current Collective Bargaining Agreement, and the legal and financial impact of a challenge to MLB's territorial rules - an option the Oakland Athletic initially investigated prior to their decision to pursue a potential move to Fremont.
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 104
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Book Description
Author: United States. Task Group on Antitrust Immunities
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 80
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Book Description
