4 edition of Professional sports antitrust immunity found in the catalog.
Professional sports antitrust immunity
United States. Congress. Senate. Committee on the Judiciary
|Series||S. hrg. ;, 99-496|
|LC Classifications||KF26 .J8 1985n|
|The Physical Object|
|Pagination||v, 429 p. ;|
|Number of Pages||429|
|LC Control Number||86601815|
Super sports stadiums becoming bigger expense for taxpayers. American taxpayers as well as sports fans will continue to pay through the nose for pro sports until they decide to outlaw the monopoly. In the United States, antitrust law is a collection of federal and state government laws that regulates the conduct and organization of business corporations, generally to promote competition for the benefit of main statutes are the Sherman Act of , the Clayton Act of and the Federal Trade Commission Act of These Acts serve three major functions.
Professional Sports and Antitrust Laws: The Ground Rules of Immunity, Exemption, and Liability Government and Sport: The Public Policy Issues, p. , Arthur T. Johnson and James H. Frey, eds., , University of Baltimore School of Law Legal Studies Research Paper. Nor can the sports industry claim immunity from government scrutiny. Sports have received extensive government assistance at the national, state and local levels.
Despite the perceived structural and operational similarity of various professional sports leagues, Major League Baseball is the only United States professional sports league to be granted antitrust immunity (Fein, ). In Radovich : Mark Nagel, Matthew T. Brown, Daniel A. Rascher, Chad D. McEvoy. The following books are categorized alphabetically, according to the first word in the title. This list is the sole, independent work of the SLS Blog and does not reflect the views of Marquette University Law School (MULS) or the National Sports Law Institute (NSLI).
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Professional Sports and Antitrust Law: The Ground Rules of Immunity, Exemption, and Liability Phillip J. Closius Professional sports began in America in with the organization of the National League of Baseball. From that date until approximately the legal system regarded professional sports as games or amusements rather.
* Antitrust injury and standing * Federal preemption * Insurance exemption for HMOs and managed care plans * Labor exemption and professional sports * State action immunity * Statute of limitations and fraudulent concealment * Class certification and settlement * Summary judgment and judgment as a matter of law * Expert testimony in Author: C.
Douglas Floyd, E. Thomas Sullivan. Only baseball of the four major team sports has escaped because of its broad antitrust immunity granted by the Supreme Court in (Roberts, ). Increasingly in Europe the clash between professional team sports and European competition law has become apparent following the Bosman case and recent alterations to the post-Bosman transfer Author: Peter J.
Sloane. Professional Sports and Antitrust Laws: The Ground Rules of Immunity, Exemption, and Liability Government and Sport: The Public Policy Issues, p. Arthur T. Johnson and James H. Frey, eds., University of Baltimore School of Law Legal Studies Research PaperAuthor: Phillip J.
Closius. National League, giving major league baseball an antitrust exemption, the Court has been monitoring the business side of the pro sports industry.
It has given no other sport such immunity to the Sherman Act (and Congress has not done so, either), but the Court has never settled a fundamental legal question. University of California, Davis [Vol. collective bargaining process and resulting agreements from antitrust claims through a doctrine known as the “nonstatutory labor exemption.”6 Absent this immunity, many of the terms contained in collective bargaining agreements in professional sports File Size: KB.
Beyond the highly publicized heroics and foibles of players and teams, when the grandstands are empty and the scoreboards dark, there is a world of sport about which little is known by even the most ardent fan. It is the business world of sport; it is characterized by a thirst for power and money, and its players are just as active as those on the professional teams they oversee.
Historically, antitrust law has played a role in developing regulations, controls, and protections in the professional sports industry of today. Laws that include such major statutes as the Sherman Act ofthe Clayton Act ofthe Federal Trade Commission Act ofthe Norris-LaGuardia Act ofthe National Labor Relations Act ofand other antitrust and labor relations acts (Corley &.
The term antitrust is used to describe any contract or conspiracy that illegally restrains trade and promotes anti-competitive of the term anti-competition rather than antitrust.
The American economy depends upon the laws of supply and demand – the theory of freedom of competition. Congress enacted antitrust laws to prevent anti-competitive behavior in business in order to. Applying the Rule of Reason, the court concluded that the NCAA was in violation of the antitrust law and must provide athletes with scholarships up to the full cost of attendance beyond tuition, room and board, and books.
In an unusual move, both O'Bannon and the NCAA appealed the decision to the United States Supreme Court. Following an introductory section outlining the history of professional sports law and an overview of legal relationships in professional sports, Freedman traces the experience of each of the major sports—baseball, football, basketball, hockey, boxing, wrestling, tennis, golf, and soccer—as pertains to antitrust : Warren Freedman.
Following an introductory section outlining the history of professional sports law and an overview of legal relationships in professional sports, Freedman traces the experience of each of the major sports--baseball, football, basketball, hockey, boxing, wrestling, tennis, golf, and soccer--as pertains to antitrust.
"[A] thoughtful and provocative analysis of one of the most controversial topics in sports law: Baseball's antitrust exemption. Grow adroitly connects recent disclosures from the Baseball Hall of Fame to advance his argument that the Federal Baseball holding made much more sense ninety years ago than contemporary commentators tend to regard it.5/5(1).
Unhappy baseball fans on Capitol Hill commissioned an inquiry into professional sports. The ensuing report recommended removing baseball’s antitrust immunity, but no legislative action followed. Professional sports antitrust immunity: hearings before the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, second session, on S.
and S.Aug Septem 20, Basketball was the first sport to cap salaries, in the season, and a similar restriction went into effect in football in In other sports, salary caps were contested in both the baseball strike and the lockout in Size: 66KB. Get this from a library. Professional sports antitrust immunity: hearings before the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, first session, on S.
S.and S.February 6, March 6, and J [United States. Congress. Senate. Committee on the Judiciary.]. Professional Sports and Antitrust Law: The Groundrules of Immunity, Exemption and Liability Authors Phillip J. Closius, University of Baltimore School of Law FollowAuthor: Phillip J. Closius. That been said — and reasonable as they may have been — these decisions have nevertheless resulted in a horribly inconsistent outcome, as MLB today is the only professional sports league in the United States to enjoy broad antitrust immunity.
The extent to which MLB benefits from this unique status will be the subject of a future post. Professional Sports and Antitrust Law: The Groundrules of Immunity, Exemption and Liability The major remaining judicial vestige of the old public policy view of sports is the antitrust immunity still enjoyed by baseball pursuant to the Supreme Court\u27s ruling in Flood v.
Kuhn. Team owners in the other sports have tried to mitigate the Author: Phillip J. Closius. Organized professional team sports: hearings before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, United States Senate, Eighty-sixth Congress, first session pursuant to S.
Res. 57 on S.to limit the applicability of the antitrust laws so as to exempt certain aspects of designated professional team sports, and for other purposes and S.to make the.fessional sports are within the scope of the antitrust laws.' To date, most sports-related antitrust cases have dealt with player restraints, those restrictions limiting the mobility and bargaining power of athletes.9 These cases have served to focus attention on the capacity of the sports industry to create and define the market for profes-sional athletic talent.sport broadcasting, including federal antitrust statutes and the Sports Broadcasting Act (SBA) Next, Part III demonstrates why equitable antitrust immunity for all professional sport leagues is necessary.
17 Part III focuses on the expansion of the SBA's protection from section one liability for all professional sport leagues' pooling of.