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Adjusting the Stream? Analyzing Major League Baseball’s Antitrust Exemption after American Needle

Harvard Journal of Sports and Entertainment Law, Vol. 2, p. 265, 2011

32 Pages Posted: 11 Feb 2011 Last revised: 8 Jun 2011

Michael J. Mozes

Harvard Law School

Ben Glicksman

affiliation not provided to SSRN

Date Written: May 18, 2011

Abstract

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

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

Michael J. Mozes (Contact Author)

Harvard Law School ( email )

1875 Cambridge Street
Cambridge, MA 02138
United States

Benjamin J. Glicksman

affiliation not provided to SSRN ( email )

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