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Vol 21 No 10 Oct/Nov 2016

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The Baseball Trust: A History of Baseball's Antitrust Exemption


ISBN13: 9780199389728
Published: January 2015
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback (Hardback in 2013)
Price: £17.49
Hardback edition , ISBN13 9780199930296



Despatched in 6 to 8 days.

The Baseball Trust is about the origins and persistence of baseball's exemption from antitrust law, which is one of the most curious features of our legal system and also one of the most well known to sports fans. Every other sport, like virtually every other kind of business, is governed by the antitrust laws, but baseball has been exempt for nearly a century. No one thinks this state of affairs makes any sense. The conventional explanation of this oddity emphasizes baseball's unique cultural status as the national pastime, and assumes that judges and legislators have expressed their love for the game by insulating it from antitrust attack.

A serious baseball fan, Stuart Banner provides a thoroughly entertaining history of the game through the prism of the antitrust exemption. But he also narrates a very different kind of baseball history, one in which a sophisticated business organization successfully worked the levers of the legal system to achieve a result enjoyed by no other industry in America. For all the well-documented foibles of the owners of major league baseball teams, baseball has consistently received and followed smart antitrust advice from sharp lawyers, going all the way back to the 1910s. At the same time, it is a story that serves as an arresting reminder of the path-dependent nature of the legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but this series of decisions yielded an outcome that makes no sense at all.

Subjects:
Sports Law, Other Jurisdictions , USA
Contents:
INTRODUCTION
1. THE RESERVE CLAUSE
2. THE BASEBALL TRUST
3. THE SUPREME COURT STEPS IN
4. THE BIRTH OF THE ANTITRUST EXEMPTION
5. BASEBALL BECOMES UNIQUE
6. A POLITICAL FOOTBALL
7. THREE MONTHS OF STATE ANTITRUST LAW
8. THE CURT FLOOD CASE
9. THE END OF THE RESERVE CLAUSE
10. A SHRUNKEN EXEMPTION