Baseball's Anticompetitive Antitrust Exemption
Overview
- Authors: Marc Edelman, John T. Holden
- Published by: Boston College Law Review
- Volume/Issue: Vol. 65, Iss. 5, 2024
- Pages: 1695-1753
Key Points
Historical Context
- Professional baseball has had an exemption from federal antitrust laws for over 100 years.
- Initiated by Kenesaw Mountain Landis, the first commissioner, who declared baseball a "national institution" and not subject to labor regulations.
- Justice Oliver Wendell Holmes formalized this exemption using an outdated definition of interstate commerce.
Current State
- Baseball's antitrust exemption is unique among U.S. professional sports leagues.
- This exemption allows Major League Baseball (MLB) owners substantial freedom, contributing to significant wealth.
Critical Issues
- The exemption can negatively impact players, rival sports leagues, and fans.
- Despite the outdated rationale, courts and Congress have hesitated to revoke it, possibly due to political concerns or lobbying.
Proposed Reforms
- The article argues for the removal of baseball's antitrust exemption.
- Suggests that MLB should be subject to the same competitive scrutiny as other organized sports.
- Calls for reform based on historical, legal, and public policy analyses.
Conclusion
- The time has come to revoke baseball's historic exemption and subject it to contemporary antitrust laws.
- The article emphasizes the need to address outdated practices in MLB to ensure fair competition.
Implications
- Reform could lead to more balanced power dynamics between MLB owners, players, and other stakeholders.
- Could also promote fairness and competition in the sports industry at large.
Additional Resources
These notes provide an overview and analysis of the key concepts discussed in the article "Baseball's Anticompetitive Antitrust Exemption" by Edelman and Holden. The article presents a critical examination of the longstanding exemption and suggests reforms to align baseball with contemporary antitrust standards.