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The Baseball TrustA History of Baseball's Antitrust Exemption$
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Stuart Banner

Print publication date: 2013

Print ISBN-13: 9780199930296

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:osobl/9780199930296.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 October 2021

The Birth of the Antitrust Exemption

The Birth of the Antitrust Exemption

Chapter:
(p.91) 4 The Birth of the Antitrust Exemption
Source:
The Baseball Trust
Author(s):

Stuart Banner

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199930296.003.0004

This chapter focuses on the origins of baseball's so-called “antitrust exemption.” It first examines the U.S. Supreme Court's ruling in the 1922 case Federal Baseball Club of Baltimore v. National League, in which it decided that the Sherman Antitrust Act of 1890 did not apply to professional baseball on the ground that baseball was not a form of interstate commerce. It then looks at other Supreme Court cases that tested baseball's immunity from federal antitrust law, including the Toolson v. New York Yankees (1953), the antitrust suit filed against a group of vaudeville theaters, and baseball player Danny Gardella's antitrust suit against organized baseball stemming from his decision to play in the Mexican League.

Keywords:   baseball, antitrust exemption, Supreme Court, Sherman Antitrust Act, interstate commerce, antitrust law, Toolson v. New York Yankees, Danny Gardella, Mexican League

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