Major League Baseball’s Antitrust "Exemption" Is Immune From Judicial Overrule

The City of San Jose, California, entered into an option contract to lease land to the Oakland A's, a Major League Baseball ("MLB") club, for the construction of a new stadium.  The land was within the exclusive territory of another MLB club, the San Francisco Giants, who refused to waive their right under MLB's Constitution to territorial exclusivity.  The City sued MLB under the antitrust laws for not putting repeal of that constitutional provision up for a vote by all of the teams belonging to MLB, despite repeated demands by the City that it do so.  City of San Jose v. Office of the Commissioner of Baseball, __ F.Supp.2d __, 2013 WL 5609346, Case No. C-13-02787 RMW (N.D. Cal., Oct. 11, 2013).