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Sens. Cruz, Hawley, Lee seek to strip Major League Baseball of antitrust
exemption

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Politics News


SENS. CRUZ, HAWLEY, LEE SEEK TO STRIP MAJOR LEAGUE BASEBALL OF ANTITRUST
EXEMPTION

MLB moved its All-Star Game from Atlanta in protest of a new restrictive voting
law signed by the state's GOP governor.

Atlanta Braves players run through drills during the first day of summer
workouts at Truist Park in Atlanta, on July 3, 2020.Todd Kirkland / Getty Images
file
Link copied
April 13, 2021, 7:17 PM UTC
By David K. Li and Sahil Kapur

WASHINGTON — A trio of Republican lawmakers outlined legislation Tuesday aimed
at ending Major League Baseball's antitrust exemption after the All-Star Game
was moved out of Georgia in protest of that state's new voting restrictions.

The legislative push from the three conservative senators — Ted Cruz of Texas,
Mike Lee of Utah and Josh Hawley of Missouri — comes amid growing frustrations
among Republicans over corporations and sports leagues embracing causes
associated with progressives, such as protecting voting rights.




MLB relocated the Midsummer Classic from Truist Park, the Atlanta Braves home in
Cobb County, Georgia, to Denver's Coors Field due to recently enacted voting
limits signed into law by Gov. Brian Kemp, a Republican.

"This past month, we have seen the rise of the woke corporation. We have seen
the rise of big business enforcing a woke standard," Cruz told reporters.


REPUBLICANS ANNOUNCE ANTITRUST LEGISLATION AFTER MLB MOVES ALL-STAR GAME

April 13, 202100:56


"That decision was harmful. It's going to hurt baseball. But it also underscores
that there's no reason Major League Baseball should enjoy special subsidies —
corporate welfare that no one else gets."

He accused MLB of "acting to favor one party against the other."



MLB's action has further fueled Republican organization around cultural
anxieties, a trend that was brought to the fore by former President Donald Trump
and has continued, if not accelerated, in his wake.

It's unclear how much traction their proposal will gain. Senate Minority Leader
Mitch McConnell, R-Ky., recently criticized MLB for pulling the All-Star Game
from Georgia, but he has not called for legislative action targeting the league.

Since 1922, pro baseball has enjoyed key exemptions from the Sherman Antitrust
Act, which broadly bans industries from stifling competition.

"It's important to remember that this exemption was created from whole cloth by
the Supreme Court 99 years ago," Lee said. "It was not put in place
legislatively. It is a distinctively legislative decision."

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That Supreme Court ruling, authored by Justice Oliver Wendell Holmes Jr., has
stood for nearly a century and the most practical impact today is MLB's control
over local markets, team relocation and ownership.


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There have been no MLB relocations since the Montreal Expos left Quebec after
the 2004 season to become the Washington Nationals.

By comparison, the National Football League has seen three teams relocate in
recent years: The St. Louis-to-Los Angeles Rams; the San Diego-to-L.A. Chargers;
and the Oakland-to-Las Vegas Raiders. Since the turn of this century in the
National Basketball Association, the original Charlotte Hornets moved to New
Orleans, the Vancouver Grizzlies migrated to Memphis, and the Seattle
SuperSonics stormed into Oklahoma City.

"The (baseball) owners control who can join their club, the owners control who
future owners can be," said Broward County (Florida) Judge Louis H. Schiff,
author of the textbook "Baseball and the Law."



"Based upon all the past cases I've read and studied, the antitrust exemption is
important for the way baseball is made today."

MLB also enjoys a hammer lock on minor league baseball, controlling wages and
location of teams. Lawmakers from across the spectrum have ripped MLB for
gutting minor league baseball this year, perhaps to the antitrust exemption's
peril, according to Lisa Pike Masteralexis, who teaches sports law at University
of Massachusetts Amherst.

"It might be a time we might say enough is enough with this antitrust
exemption," she told NBC News.

Still, despite the current dust-up, Masteralexis said she wasn't sure how close
MLB might be to losing this century-old business luxury.



"Congress people come out (from time to time) and say, `We're going to take the
exemption away' and through whatever their lobby is, it just never seems to
happen," said Masteralexis, senior associate dean at UMass Amherst's Isenberg
School of Management.


David K. Li

David K. Li is a breaking news reporter for NBC News.


Sahil Kapur

Sahil Kapur is a senior national political reporter for NBC News.



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