obetrol history of thanksgiving chewing cialis cholesterol levels ratio how to buy furosemide farmacia order online buy alli obetrol drug buy antibiotics for chlamydia indocin 50mg sales cheapest clozapine diazepam valium dose mavidol tr 10mg 40 viagra for 99 00 ciprofloxacin dark urine pfizer patient assistance program/celebrex prednisona dosis pediatrica non prescription indocin parkering vigra flyplassvigrande taking flagyl and pregnancyflagyleflazol lyme disease medication dosage zyban side effects taking quinine water crossword clue benoquin cream before after buy original viagra online depakote delivery discounted viagra for sale doxepin for dogs with allergies seroquel dosage for bipolar accutane side effects depression elimite lotion for scabies amlodipine besylate 10mg drug terramicina oftalmica best price 5mg cialis pfizer connection to care application buylowdrugs coupon code abortion pill phenergan side effects medication catafast powder game cialis supplier dilantin iv administration normal saline buy alli online usa zyrtec dosage chart by weight phexin bd 750mg nabumetone singulair for children reviews free trial of viagra coupon avodart hair loss dosage irbesartan 300mg coupons cheap viagra in small packs buy neurontin online cod doxycycline 100mg and alcohol clomiphene citrate 50 mg men minocycline for acne ratings amerimedrx reviews on vigrx arimidex bodybuilding women clonidine without a script canadian health care mall reviews generic cialis jelly lexapro withdrawal effects where to purchase arjuna wellbutrin side effects weight loss generic viagra echeck pharmacy furolin medicine cabinet iraplax orlistat tegretol is made of purchase alli viagra plus without prescription amantadine hcl 100mg retin a uk trial packs of cialis levitra cialis tabs order non prescription prednisone unisom overdose cialis under tongue spiriva information price westhroid and nature thyroid qsymia weight loss drug costs viagra aus holland cheap propecia online atenolol for anxiety drugs sifrol 0 18 mg ritalin aleve dosage generic viagra coupons diamox sequels acetazolamide cheap viagra tabs celexa withdrawal side effects how long is baclofen a narcotic viagra coupon amlodipine besylate 10mg side effects caffeine in coffee and tea nizagra sildenafil lisinopril dosages buy tadalafil overnight prescription free viagra australia phenergan for nausea with migraines vicodin withdrawal symptoms high blood pressure elavil without rx online pharmacy claritin coupon 2014 abilify medication aripiprazole healthy meds beconase nasal spray generic furosemide ohne rezept bestellen lexapro vs celexa for anxiety vytorin cholesterol drug cost do herbal erection pills work buy levitra without prescription amoxicilina y viagra why cant you buy ivermectin lotrel side effects anxiety angela ginseng paul brand nifedipine dosage levofloxacin 750 mg dose erectile dysfunction treatment canda cipla generic product list viagra expiration farmacia online viagra usa diflucan pill diclofenac sodium 50mg side effects viagra for women free samples careprost eyelash growth side effects acnelyse retinol cream fentanyl transdermal patch abuse tylenol pm and alcohol buy lexapro online uk vistaril 25mg capsules azithromycin and alcohol elimite for scabies for children flagyl syrup dosage for children mestinon side effects medication plavix patient assistance foundation sertraline side effects medication amitriptyline were can i buy them crestor medication and side effects fucidin ointment treatment for boils ou acheter du viagra temovate ointment and cream bay viagra cials pulmicort respules side effects in adults alli for sale online canada order ed pills euthyrox 50 skutki uboczne eyeglasses no rx doxycycline for animals in canada ez online pharmacy buy cialis usa maxalt generic discount diclofenac sod ec viagra cyprus cialis street value soft sildenafil citrate 100mg vimax detox reviews advantage real estate laramie cost of viagra walmart maria fro ketoconazole sebaceous hyperplasia healthy men obat lipitor doxinyl succinate definition non prescription celebrex alternatives fluconazole cream india cleocin hcl 150mg side effects liquidex rui products legit danazol for bodybuilding cialis with no prescription needed garlic clove equivalent blue mountain pharmacy allegra versace anorexia recovery flow max where to buy terramycin skin ointment for humans buy real viagra cheap medstore online reviews fincar finasteride 1mgfinpecia global pharmacy canada legitimate viagra guatemala where can i buy moxa sticks combivent side effects order snafi luvox ocd reviews doxycycline monohydrate 100mg side effects latest ranbaxy news buy silagra uk pravachol and grapefruit juice revatio generic kamagra in the united states formule chimique de laponge cialis soft tablets online levitra leitfade crestor side effects symptoms cheapest viagra anywhere champix and pfizercheaprxchigualos leukeran side effects in dogs pfizer vincristine price no prescription phentermine 37 5 cialis online europe fucidin h cream acne yasmin birth control jasmine waltz david arquette lasuna jewelry displays crestor side effects patients elderlycuckold viagra orders online micardis and cialis best generic viagra reviews laxifen tabletas electronicas micardis plus side effects blue lovegra tablets ubat pneumonia viagra and dropomine 365pills complaints board cialis soft tabs glucophage buy online usa echeck canadian atarax desyrel drug classificationdetrol fluneurin ohne rezept generic canadian drugs cialis mexico pharmacy online no prescription ciprofloxacin online bestellen cialis pill brand 5mg lamictal side effects medication instant erection pill cheap generic cialis free shipping sotalol medication depakote er vs depakote dr valium half life benzodiazepines amiloride diuretics definition fuenllana centro educativo piaget oracea 40 mg capsule coupon avigra sales aus buy pcn without prescription garlic butter sauce for pasta cialis prodaja cialis 20 mg no perscription bystolic nebivolol tablets 5 mg lidocaine patches for back pain dostinex uses hyper stimulation procalisx reviewed vs auditedprogesterone insulin syringes buy propecia online in singapore buy prozac from canada claritin side effects children propecia paypal arthritis of the spine in dogs norvasc and pregnancy test results toradol im injection side effects flomax prescription cialis pharmacy sky stanozolol tablets usp cialis online mexico alli 120 count fluoxetine hcl 20mg caps erectalis tadalafil 10mg pil perancang diane shortage of alli spiriva coupons 2012 atacand candesartan cilexetil 8mg flagyl 400mg side effects epogen dose for cats about vigora 100 in hindi buspar anxiety medicine sildegra tablet pc accutane long term side effects what is metronidazole used for pregnant halloween costumes youtube lasuna garlic jims pizza benemid probalans acticin permethrin cream 5 lamotrigine overdose viagra samples online anafranil online losartan 50 mg procalisx ingredients for lasagna caffeine withdrawal symptoms dizziness zoloft side effects first week lipothin 200 fenofibrate 145 tramadol withdrawal symptoms duration buy generic floxin salazopyrin medication administration pilocarpine hcl 7.5 mg super active viagra 100mg india atarax dosage for insomnia combivent samples benemid medication dictionary top rated offshore pharmacy cialis levitra online order tamsulosin 0.4 mg capsules fluoxetine uk buy neomedrol acne lotion aggrenox medication aspirin viagra sale from canadian company zetia coupons schering plough buy viagra cialis online alphagan eye drops medication fast ship viagra best india viagra and price reglan lawsuit settlement amounts rx drug store pro cyrux medicamento tafil indapamide 2.5mg side effect prednisona 50 mg perscription drugs from india cheap propecia new zealand nexium side effects weight gain aciclovir cream 5 clomid for seal periactin 4mg for appetite vente de cialis 5 mg duetact 30mg oxycontin amikacin drug leukeran for dogs with lymphoma real phiser viagra billig viagra walgreens photo coupon code december 2015 nyc cialis no prescription kemadrin 5mg cialis low cost no prescription flomax therapy dog training online pharmacy no prescription vicodin nimesulide tablets unisom and pregnancy category doxinyl medication dictionary alphagan eye drops dosage cheap viagra next day delivery medazole table setting moutschen mobic viagra gel para hombres can you get high off etodolac 400 mg mebendazole side effects in dogs online prescription xenical without primatene tablets walgreens prandin side effects repaglinide mechanism aprovel 150mg side effect caffeine in coffee vs espresso buy doxycycline 100mg online flovent diskus 250 mcg side effects confidex ingredients vidalta carbimazole treatment elavil information for sleep percocet vs vicodin vs oxycontin the best cialis clone lasix without prescription overnight non generic cialis in usa brand viagra 100 mg cheapest cardizem cd 360 doxepin and weight gain zetia 10 mg cholesterol discount rx drugs online bestbuy discount prozac nation book discount tadalafil 20mg differin gel 0.3 coupon zolpidem tartrate 10 mg tablet use tantalum capacitors surface mount eurax lotion crotamiton lopressor generic dose buying online cialis in china ospamox 500mg for tooth infection voltaren gel side effects and skin discoloration cialis for daily use side effects canadian prescription drugs ventolin dosage for bronchitis viagra online express allopurinol drug study mesalamine suppositories for ulcerative colitis keftab medication administration does doxycycline have a shelf life shelf life of neurontin discount viagra levaquin 500mg levofloxacin antibiotics medication vrdrug scam buy sildenafil citrate online generic viagra cheap primatene mist in canada for sale get viagara next day benicar hct 20 12.5 generic tylenol dosage chart children leukeran 2mg seroxat cr 12 5mg ambien sildenafil mylan viagra online brand name indian pharmacies zoloft weight loss forum cheap ciproxin rx pills direct lipothin injections for osteoporosis effexor xr without rx octreotide drip side effects cialis testimonials prednisone sudafed dogs apertium translator in one hour ornidazole injections buy cheap retin a online colchicine medication lipitor generics available singapore online store drug inderal la side effects medication la pillola cialis con ritardante vipps pharmacy canada viagra xanax addiction side effects to the brain retirides 0 025 in fractions form clonidine for children with adhd ranbaxy atorvastatin recall lots indocin 25mg priceinsulin valproic acid for sale zoloft and pregnancy studies betacin medication listbetanoid tadalafil australia leukeran 2mg side effects fluoxetine for dogs drugs liquidex dosages ritalin weight loss adults one a day pill to help herpes sytems i want to buy cialis indocin 50mg side effects where can i buy cephalexin in the uk viagra professional online uk canadian rx no prescription bisoprolol fumarate 5mg tab dr edward b armington sildenafil india price indian aunty synthroid coupons diamox side effects in children is metrotab an antiobotic trimetabol medicamento septra antibiotic for acne treatment roxifen gelsons cephalexin 250 mg from canada life span of 30 pills cialis allpills pharmacy technician using diflucan during pregnancydigoxina lidocaine side effects vytorin 1020 patients wirkung viagra generika nolvadex canada supplier buy cialis in uk online duetact medication side buy flomax without a perschiption citalopram 40mg images reichlox antibiotic cialis 40 mg leukeran 2mg tablets ceftin side effects fatigue citalopram hydrobromide aleve vs ibuprofen anti inflammatory tofranil pm manufacturer paxil generic pill identifier indapamide side effects dose mirtazapine 15 mg for anxiety desogen generic names cheap viagra online mirapex restless leg syndrome dose astelin nasal spray dosage canada pharmacy online integra where to buy doxycycline 100mg optimmune ophthalmic ointment for dogs side effects prednisone for sale in mexico coumadin antidote medication vitamin k flagyl rx can i buy vermox over the counter ciprodex otic suspension 7.5ml side effects puretone music shop best price for cialis tablets 5 mg avapro blood pressure medicine ampicilina 500 para que sirveampicillin buy antibiotics online in uk feldene flash lantus price in india can i buy betnovate over the counter cockapoo puppies for sale in ohio cardinal bird information zoloft cost without insurance clobex shampoo printable couponclomid aciclovir without prescription phentermine 37.5 mg results viramune medication insulin sliding scale protocol tadarise pro 20 reviews online doctor for viagra side effects of colcrys medication cialis without prescription overnight viagra spedizione da uk antabuse implant uk myambutol 400mg ibuprofen buy tadalafil 20mg price cardinal stritch university bookstore celebrex 200 mg capsules benemid medication information viagra generic online in america nexium canada disgrasil orlistat precious accents gupisone prednisolone 5mg for cats discover card login center credit card account center maxifort 50mg tablets buy viagra without the prescription generic viagra overnite no perscription buy meloxicam tablets uk wellbutrin weight loss side effects no prescription meds online paypal purdue triangle viagra viagra in tanzania dikloron tablet cases thalidomide enantiomers what is donepezil medication
Home Pete Toms LWIB: MLB's Anti-Trust Exemption and Franchise Relocation

Like Shoot to Thrill - An AC/DC Tribute on Facebook!

An authentic tribute of AC/DC that covers the best of the Bon Scott era and the best of Brian Johnson's material

Who's Online?

We have 992 guests online

Atom RSS

LWIB: MLB's Anti-Trust Exemption and Franchise Relocation PDF Print E-mail
User Rating: / 7
Pete Toms Article Archive
Written by Pete Toms   
Monday, 04 January 2010 00:40

Last Week in Bizball by Pete Toms

2010 will probably be the pivotal year in determining whether the Oakland A’s relocate to San Jose. In March of last year, Commissioner Selig announced the formation of a three member committee which has been studying the options available to the A’s in their quest for a new baseball stadiium in northern California. The committee’s recommendations should be made public early this year. The latter part of 2009 saw an escalation in the rhetoric amongst the potentially affected parties in Oakland, San Francisco and San Jose over the fate of the A’s. In November LWIB reported on the stepped up media campaign of A’s owners John Fisher and Lewis Wolff to bring local attention to their courtship of San Jose. Grassroots groups either advocating for, or opposing, a move of the A’s to San Jose ramped up their campaigns as the year progressed (the Giants are the driving force behind one of the groups). Likewise, public officials in all three cities (and at the state level) raised their public profiles on the issue late in 2009 (amongst them, mayors Dellums (Oakland) and Reed (San Jose) plus SF City Attorney Dennis Herrera and CA Senator Barbara Boxer). As is always the case when franchise relocation in MLB is discussed, baseball’s antitrust exemption is an important part of the debate. Can the Giants prevent the A’s from moving into “their” territory (as defined by MLB)? Do the A’s need the “permission” of MLB to relocate? Does anybody know for certain?

LWIB Evan Weiner wrote for examiner.com:

To all those prognosticators, and you know who you are, who are trying to predict the top business sports stories of 2010, you have missed what is going to be the biggest fight. Oakland Athletics owner Lewis Wolff and the city of San Jose against the San Francisco Giants, the San Jose Giants, the city of San Francisco and Major League Baseball and the battle will center on the 1922 United States Supreme Court decision that gave the National League and the American League of baseball an antitrust exemption.

Wolff, whose lease with the Oakland Coliseum ends in 2013, would like to locate his baseball business in San Jose. Because of the 1922 Supreme Court decision that baseball was a game not a business, he has many hurdles to climb in his quest, hurdles that would not be there without the SCOTUS ruling.


The stage is being set right now and a fierce territorial battle may shape the future of baseball and determine whether or not San Jose can become the home of Lewis Wolff’s baseball team. Wolff has to decide whether he really wants to fight this war and the implications may be felt far beyond the Bay Area.


This could be a battle that extends to Congress but would the former San Francisco Mayor, Senator Diane Feinstein along with her colleague Barbara Boxer and the House Speaker, Nancy Pelosi of San Francisco want to get involved in the issue? Congress squawks about antitrust issues in sports but does nothing to correct inequities.

Last month, aforementioned SF City Attorney Dennis Herrera made public his threats to sue MLB should they allow the A’s to move to San Jose. The city of SF argues that the revenues they receive from the Giants would be threatened by the A’s move. The revenues received from the Giants are used to pay down debt on city issued bonds which financed infrastructure improvements around AT&T Park. Most pundits saw Mr. Herrera’s letter to MLB as nothing but sabre rattling given that MLB’s antitrust exemption allows them to control the location of “their” franchises. Last month, Nathaniel Grow wrote about Mr. Herrera’s threats at the Sports Law Blog. Mr. Grow points out that should the city of SF attempt to force MLB to enforce their territorial rights it would be a new twist on previous legal challenges.

On first impression, the threatened suit by the city of San Francisco seems problematic on several fronts. First, the city would have to convince a court that its interest in protecting its tax revenues from the Giants gives it sufficient standing to legally challenge MLB's approval of the relocation of another franchise into the Giants' assigned territory.

However, even if San Francisco is able to establish standing, such a suit would also place the city in the awkward position of effectively asking a court to enforce MLB's anticompetitive territory allocation system. While professional baseball's practice of granting franchises exclusive rights to certain geographic territories has previously been challenged by those seeking to enter a restricted market -- suits which have historically been dismissed pursuant to MLB's antitrust exemption (see, e.g., New Orleans Pelicans Baseball, Inc. v. National Association of Professional Baseball Leagues, Inc., Case No. 93-253, 1994 WL 631144 (E.D.La. March 1, 1994)) -- a suit by San Francisco would mark the first time that MLB has faced a lawsuit seeking to require the league to enforce this restriction. The optics of such a suit, being filed by a municipality no less, would be less than ideal. I suspect most courts would be uncomfortable issuing an order requiring baseball to enforce its territory restriction, especially in a case where MLB had already decided to set aside its long-standing anticompetitive policy.

Eighty seven years after the “federal baseball” decision by The Supreme Court created baseball’s antitrust exemption, do we know conclusively that it allows MLB to dictate franchise location? In November of last year, the aforementioned Nathaniel Grow published, Defining the 'Business of Baseball' - A Proposed Framework for Determining the Scope of Professional Baseball's Antitrust Exemption (read here in PDF).

No doubt due to the peculiarity of the exemption, as well as baseball’s standing as the “national pastime,” baseball’s antitrust exemption has generated substantial consideration over the years from both courts and commentators. Despite this voluminous analysis, no consensus has been reached regarding the extent to which baseball’s operations are protected under the antitrust exemption. The Supreme Court itself has never specifically addressed the scope of the baseball exemption, but instead has only generally held that the “business of baseball” is exempt from antitrust law. Based on this language, some lower courts have broadly interpreted the Supreme Court’s precedent as providing an exemption for the entire “business of baseball.” Meanwhile, other courts have concluded that the exemption is more limited, with some courts and commentators arguing that the exemption should be restricted solely to the facts of the Supreme Court’s most recent affirmance in Flood v. Kuhn.

Mr. Grow is not alone in his opinion that baseball’s ability to control franchise relocation as a result of it’s antitrust exemption is uncertain. Roger Noll, professor of economics emeritus at Stanford University told the Biz of Baseball in November, “The status of franchise location antitrust in MLB is uncertain – there has never been a case that was litigated to completion.” In his 2003 book, May the Best Team Win Baseball Economics and Public Policy, economist Andrew Zimbalist wrote that it is unclear if baseball’s antitrust exemption extends to control of franchise relocation. However, Mr. Zimbalist notes that MLB perhaps can control franchise relocation under a rule-of-reason defense. On Oakland Raiders owner Al Davis’s successful legal battle with the NFL over relocating his franchise to Los Angeles in the 1980’s Mr. Zimbalist wrote;

The courts did not rule that a sporting league could not exercise some controls over a team’s location; rather, they made it clear that such controls, when properly exercised , fall under a rule-of-reason defense. That is, there are good reasons why a league would want its teams to be both geographically stable and geographically dispersed. These reasons must be considered and offset against the negatives connected to prohibiting an owner from moving his or her team. The negatives include a reduction in an owner’s rights of free trade and the possible retention of a team in a city with less interest in the sport than a prospective host city.


…..MLB’s presumed exemption may shield it from owner antitrust challenges and make it more difficult for teams to move. It should be noted, however, that where such moves are not in the public interest, team relocations could be prevented under a rule-of-reason defense even without an exemption.

2010 will tell us much, or all, about the eventual fate of the A’s franchise. Either San Jose or Oakland will make the most enticing offer to the A‘s owners. Should it be the former, the Giants will be “indemnified” for their territorial rights. But eventually, won’t somebody or some city challenge MLB over relocation and clarify exactly what the “exemption” really means?

Pete Toms is an author for the Business of Sports Network, most notably, The Biz of Baseball. He looks forward to your comments and can be contacted through The Biz of Baseball.

Don't forget to register and log in on The Biz of Baseball site to get updates via your in-box, and see information only logged in members can see.

Follow The Biz of Baseball on Twitter Twitter

FacebookFollow the Business of Sports Network on Facebook

Follow the Business of Sports Network on Facebook



Should MLB Force Jeffery Loria to Sell the Marlins?