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Probing For Holes In The 100-Year-Old Baseball Exemption: A New Post-Alston Challenge, Sam C. Ehrlich
Probing For Holes In The 100-Year-Old Baseball Exemption: A New Post-Alston Challenge, Sam C. Ehrlich
University of Cincinnati Law Review
As professional baseball’s unique exemption to antitrust law celebrates its one-hundredth year of existence, it faces a new attack in Nostalgia Partners v. Office of the Commissioner of Baseball, a claim by a group of minor league owners shut out of MLB’s recent restructuring of its minor league affiliate system. While the baseball exemption has weathered dozens of similar challenges over the past century, the Nostalgia Partners plaintiffs claim that circumstances on the Supreme Court have changed enough that the justices would be willing to overturn or narrow the exemption in their favor. This claim rests with the Court’s …
A Miser’S Rule Of Reason: The Supreme Court And Antitrust Limits On Student Athlete Compensation, Herbert J. Hovenkamp
A Miser’S Rule Of Reason: The Supreme Court And Antitrust Limits On Student Athlete Compensation, Herbert J. Hovenkamp
All Faculty Scholarship
The unanimous Supreme Court decision in NCAA v. Alston is its most important probe of antitrust’s rule of reason in decades. The decision implicates several issues, including the role of antitrust in labor markets, how antitrust applies to institutions that have an educational mission as well as involvement in a large commercial enterprise, and how much leeway district courts should have in creating decrees that contemplate ongoing administration.
The Court accepted what has come to be the accepted framework: the plaintiff must make out a prima facie case of competitive harm. Then the burden shifts to the defendant to produce …