Major League Baseball’s Antitrust Exemption on Appeal to United States Supreme Court

A three judge panel of the Ninth Circuit Court of Appeals said the U.S. Supreme Court is to determine whether baseball’s antitrust exemption has “continued vitality.” The decision was issued in the City of San Jose’s antitrust case against Major League Baseball and Commissioner Bud Selig. In its lawsuit, San Jose asserts that, pursuant to an illegal exclusive territorial rights agreement, MLB has refused to permit the A’s to relocate from Oakland to San Jose, purportedly because the San Francisco Giants “own” the territorial rights to San Jose. The CPM team representing the City of San Jose is Joe Cotchett, Phil Gregory and Camilo Artiga-Purcell.