Harvard Journal of Sports and Entertainment Law, Vol. 2, p. 265, 2011
32 Pages Posted: 11 Feb 2011 Last revised: 8 Jun 2011
Date Written: May 18, 2011
While Major League Baseball was not a party to the American Needle suit, the Supreme Court can draw lessons from its decision in that case in determining whether to abolish what remains of professional baseball’s long-standing antitrust exemption. This article begins with a short history of how baseball’s antitrust exemption developed and how courts have interpreted it in the nearly ninety years since it was first set down by the Court. This article then analyzes the current reach of the antitrust exemption. This article concludes with a discussion of the antitrust exemption after American Needle and how that case should influence the Court’s reasoning in future cases regarding baseball’s exemption, as well as a discussion about the effects of removing the exemption.
Keywords: American Needle, Antitrust Exemption, MLB Exemption, Baseball Exemption, Sports Law, Franchise Relocation
Suggested Citation: Suggested Citation
Mozes, Michael J. and Glicksman, Ben, Adjusting the Stream? Analyzing Major League Baseball’s Antitrust Exemption after American Needle (May 18, 2011). Harvard Journal of Sports and Entertainment Law, Vol. 2, p. 265, 2011. Available at SSRN: https://ssrn.com/abstract=1758803