Antitrust Exemption: Major League Baseball Term Paper

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New York Yankees, 1953; Picher, 1997; as cited by Scremin, 2005). It is interesting to note that: "with the exception of baseball, to some extent, all other major professional sports have had to adapt their rules and policies to comply with antitrust law." (Scremin, 2005) The principle was again tried in the case Flood v. Kuhn in 1972 but the U.S. Supreme Court reaffirmed the exemption.

ANALYSIS

According to the U.S. Supreme Court due to exemption from antitrust laws claimants making claims based on federal antitrust laws in the major league did not have sufficient basis for suit because the U.S. Supreme Court did not assume jurisdiction over the baseball teams even though clubs did travel across state lines and even though players could be transferred across a state line to another club. The reasoning for this is the fact that during the development of the existing antitrust legislation as well as the development of the national major league of baseball that no consideration existed for the federal antitrust laws as they did not have jurisdiction of the league historically and that none was assumed by the baseball league to exist.

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CONCLUSION

Because baseball was exempted in the early years (1922) from the jurisdiction of federal antitrust laws, and because the national major league baseball teams did not 'assume' that they fell under this jurisdiction that it would be erroneous to apply them under the jurisdiction of federal antitrust laws which were not developed with the league as a consideration within the scope of the antitrust laws and neither has the national baseball major league developed its' policies and regulations within the scope of federal antitrust law......

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