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The Baseball Trust - A History of Baseball's Antitrust Exemption (Paperback)
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The Baseball Trust - A History of Baseball's Antitrust Exemption (Paperback)
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The impact of antitrust law on sports is in the news all the time,
especially when there is labor conflict between players and owners,
or when a team wants to move to a new city. And if the majority of
Americans have only the vaguest sense of what antitrust law is,
most know one thing about it-that baseball is exempt. In The
Baseball Trust, legal historian Stuart Banner illuminates the
series of court rulings that resulted in one of the most curious
features of our legal system-baseball's exemption from antitrust
law. A serious baseball fan, Banner provides a thoroughly
entertaining history of the game as seen through the prism of an
extraordinary series of courtroom battles, ranging from 1890 to the
present. The book looks at such pivotal cases as the 1922 Supreme
Court case which held that federal antitrust laws did not apply to
baseball; the 1972 Flood v. Kuhn decision that declared that
baseball is exempt even from state antitrust laws; and several
cases from the 1950s, one involving boxing and the other football,
that made clear that the exemption is only for baseball, not for
sports in general. Banner reveals that for all the well-documented
foibles of major league owners, baseball has consistently received
and followed antitrust advice from leading lawyers, shrewd legal
advice that eventually won for baseball a protected legal status
enjoyed by no other industry in America. As Banner tells this
fascinating story, he also provides an important reminder of the
path-dependent nature of the American legal system. At each step,
judges and legislators made decisions that were perfectly sensible
when considered one at a time, but that in total yielded an
outcome-baseball's exemption from antitrust law-that makes no sense
at all.
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