BASEBALL'S ANTITRUST EXEMPTION FOR FRANCHISE DECISIONS: ITS JUSTIFICATIONS AND ANTITRUST LAW IMPLICATIONS FOR OTHER PROFESSIONAL LEAGUES

This Article considers Major League Baseball (MLB)'s antitrust exemption, specifically its origin and continuing justification as well as its judicial application to MLB franchise decisions, as it approaches the 100th anniversary of its creation by the United States Supreme Court. It concludes that the majority judicial view broadly construing this exemption is appropriate and its application to MLB franchise decisions has not harmed competition for purposes of antitrust law. The Article explains why MLB's antitrust exemption should be instructive to courts resolving antitrust litigation challenging other major professional sports leagues' core internal governance issues, asserting that its justifications support judicial application of the single entity defense or a rebuttable presumption of per se reasonableness in antitrust lawsuits challenging their franchise decisions.