BUY ME SOME PEANUTS AND CRACKER JACK, BUT YOU CANT BUY THE TEAM - THE SCOPE AND FUTURE OF BASEBALLS ANTITRUST EXEMPTION

Since 1922, baseball has enjoyed a judicially created exemption from federal antitrust law. In the wake of the attempted sale and relocation of the San Francisco Giants in 1992, controversy has arisen as to the scope of this exemption and the desirability of its continuation. The author of this note examines Supreme Court and lower court jurisprudence, as well as congressional views, on the scope of baseball's antitrust exemption. The author next surveys case law and commentary which addresses the antitrust implications of sports league restrictions on franchise sales and relocations. The author then discusses the questions of whether the exemption should be abolished and, if so, by which branch of government. Having described the various issues, the author concludes that baseball's antitrust exemption extends beyond the reserve clause to unreasonable restraints on franchise sales and relocations. As to the desirability of the exemption, the author argues that the exemption should be preserved on a conditional basis because such an exemption would promote the purpose of antitrust law. In the event that abolition of the exemption becomes necessary, the author contends that Congress, not the Supreme Court, should perform the task in order to remain faithful to the separation of powers doctrine and to account for the special nature of baseball's exemption.