Wednesday, January 6, 2010
Defining the 'Business of Baseball' - A Proposed Framework for Determining the Scope of Professional Baseball's Antitrust Exemption
Posted by D. Daniel Sokol
Nathaniel Grow, University of Georgia - Department of Insurance, Legal Studies, Real Estate has a paper on Defining the 'Business of Baseball' - A Proposed Framework for Determining the Scope of Professional Baseball's Antitrust Exemption.
ABSTRACT: This article analyzes the scope of professional baseball’s antitrust exemption. Specifically, the article finds that lower courts have applied the exemption in widely divergent ways, due to a misunderstanding, and in some cases a misinterpretation, of the underlying focus of the United States Supreme Court’s opinions first creating and affirming the exemption. The article argues that future courts should reject the existing lower court precedent, and instead, consistent with the focus of the Supreme Court’s decisions, hold that the baseball exemption protects only those activities directly related to the business of providing baseball entertainment to the public.