S 3833 — Save American Baseball Act

Summary

Save American Baseball Act This bill removes the limited exemption from the antitrust laws for persons in the business of organized professional baseball. For purposes of this bill, the term antitrust laws means laws to protect against unlawful restraints and monopolies (Clayton Act) and to protect against unfair methods of competition (Federal Trade Commission Act).

Bill Text

• Introduced Introduced in Senate Current html March 14, 2022

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill removes the antitrust exemption for Major League Baseball, thus making it subject to antitrust laws.

• 15 U.S.C. § 26b

  Subject to subsections (b) through (d), the conduct, acts, practices, or agreements of persons in the business of organized professional major league baseball directly relating to or affecting employment of major league baseball players to play baseball at the major league level are subject to the antitrust laws to the same extent such conduct, acts, practices, or agreements would be subject to the antitrust laws if engaged in by persons in any other professional sports business affecting interstate commerce.

  This change eliminates the specific exemption that Major League Baseball has from antitrust laws.

• 15 U.S.C. § 26b

  No court shall rely on the enactment of this section as a basis for changing the application of the antitrust laws to any conduct, acts, practices, or agreements other than those set forth in subsection (a).

  This change removes the limitation on how courts can apply antitrust laws based on this section.

• 15 U.S.C. § 26b

  This section does not create, permit or imply a cause of action by which to challenge under the antitrust laws, or otherwise apply the antitrust laws to, any conduct, acts, practices, or agreements that do not directly relate to or affect employment of major league baseball players to play baseball at the major league level, including but not limited to—

  This change allows for broader application of antitrust laws to conduct related to Major League Baseball.

• 15 U.S.C. § 26b

  any conduct, acts, practices, or agreements of persons engaging in, conducting or participating in the business of organized professional baseball relating to or affecting employment to play baseball at the minor league level, any organized professional baseball amateur or first-year player draft, or any reserve clause as applied to minor league players;

  This change potentially opens up the ability for antitrust challenges against minor league employment practices within the context of Major League Baseball.

• 15 U.S.C. § 26b

  the agreement between organized professional major league baseball teams and the teams of the National Association of Professional Baseball Leagues, commonly known as the “Professional Baseball Agreement”, the relationship between organized professional major league baseball and organized professional minor league baseball, or any other matter relating to organized professional baseball’s minor leagues;

  This change removes protections from antitrust scrutiny regarding agreements related to minor league baseball.

• 15 U.S.C. § 26b

  any conduct, acts, practices, or agreements of persons engaging in, conducting or participating in the business of organized professional baseball relating to or affecting franchise expansion, location or relocation, franchise ownership issues, including ownership transfers, the relationship between the Office of the Commissioner and franchise owners, the marketing or sales of the entertainment product of organized professional baseball and the licensing of intellectual property rights owned or held by organized professional baseball teams individually or collectively;

  This change allows for antitrust challenges regarding franchise-related decisions made by Major League Baseball.

• 15 U.S.C. § 26b

  any conduct, acts, practices, or agreements protected by Public Law 87–331 (15 U.S.C. § 1291 et seq.) (commonly known as the “Sports Broadcasting Act of 1961”);

  This change removes legal protections that previously shielded certain broadcasting agreements from antitrust scrutiny.

• 15 U.S.C. § 26b

  the relationship between persons in the business of organized professional baseball and umpires or other individuals who are employed in the business of organized professional baseball by such persons; or

  This change opens up the possibility for antitrust action in relationships between team owners and umpires.

• 15 U.S.C. § 26b

  any conduct, acts, practices, or agreements of persons not in the business of organized professional major league baseball.

  This change removes limitations on antitrust application to entities outside Major League Baseball.

Action History

1. March 14, 2022

   Introduced in Senate

2. March 14, 2022

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Bernard Sanders · Primary

Subjects