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ARTICLE · 03 FEBRUARY 2015

Oakland A’s May Not Move, Ninth Circuit Says

After the Ninth Circuit’s decision on January 15, 2015, Major League Baseball maintains its exemption from the antitrust laws.

United StatesAntitrust/Competition Law

After the Ninth Circuit's decision on January 15, 2015, Major League Baseball maintains its exemption from the antitrust laws. Since the Supreme Court established baseball's antitrust exemption nearly a century ago in 1922, neither the Supreme Court nor Congress has significantly changed the rule. As we have previously reported, the Supreme Court revisited the antitrust exemption twice since 1922 and both times upheld it on stare decisis  grounds and because Congress had implicitly acquiesced to the Supreme Court's decision by not overturning it. The exemption extends broadly to the entire "business of providing public baseball games for profit between clubs of professional baseball players."

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