MLB’s antitrust exemption upheld, setting stage for San Jose appeal to Supreme Court

January 15, 2015
Silicon Valley Business Journal

The 9 th U.S. Circuit Court of Appeals upheld Major League Baseball's exemption from antitrust laws in a suit filed by San Jose that seeks to clear the way for the Oakland A's to move south to Silicon Valley.

The ruling sets the stage for San Jose to appeal to the Supreme Court, a fight the city's new mayor, Sam Liccardo, has said he's eager to take up. It remains to be seen whether that appeal is made, and the Supreme Court takes up only a fraction of the cases filed there.

"Like Casey, San Jose has struck out here," the 9th circuit wrote in saying it couldn't overturn precedent set in Flood v. Kuhn. "San Jose is, at bottom, asking us to deem Flood wrongly decided, and that we cannot do. Only Congress and the Supreme Court are empowered to question Flood's continued vitality, and with it, the fate of baseball's singular and historic exemption from the antitrust laws."

The 9th Circuit's unanimous three-judgedecision in City of San Jose v. Commissioner of Baseball affirms a U.S. District Court ruling.

It's a high-stakes case for both parties to the suit. San Jose craves another major league sports stadium to enliven a downtown that currently is home to only the hockey Sharks. Major League Baseball has based its current business model on an exemption to antitrust laws it enjoys... (To read the entire article, please click HERE)