Three Strikes, You’re Out: Examining the Baseball Trilogy and the Path to Removing Its Antitrust Exemption
Megan Young
There is no denying that baseball holds a special place in the heart of many Americans. Since its inception, the sport has nourished a sense of community and nostalgia throughout cities across the nation. However, behind America’s pastime lies a puzzling, century-old precedent that plagues the baseball industry to this day. In 1922, the Supreme Court in Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs held that the “business of . . . [b]aseball” was not subject to the Sherman Antitrust Act5because the “exhibitions of base ball” were not considered interstate commerce. Even more peculiar, the Supreme Court upheld this opinion on two separate occasions on the basis of congressional intent and stare decisis. The reasoning within these opinions bears virtually no resemblance to modern-day antitrust precedent. Furthermore, no major professional sport besides baseball has ever been awarded such a privilege. Yet, this line of precedent, coined the “Baseball Trilogy,” has prevailed for over a century.
Baseball’s antitrust exemption has come with significant ramifications, such as labor violations in the minor leagues and anticompetitive practices relating to franchise relocation and intellectual property. As a result, the Baseball Trilogy has been subject to criticism among the legal community for over one hundred years. While Congress has introduced several bills in recent years to remove baseball’s antitrust exemption, these efforts have continuously died in committees. However, recent Supreme Court decisions, as well as statements from current justices, provide hope for the future. In fact, a case on appeal before the United States Court of Appeals for the Second Circuit may just be the ticket to removing the exemption once and for all. The plaintiffs, a group of minor league players, have expressed that the Second Circuit should hand the case over to the Supreme Court with a simple note attached: “Enough already.” After a century of unfair and outdated precedent, it is time for the Supreme Court to reconsider the Baseball Trilogy.