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Perspective

Feb. 17, 2015

High time for high court to revist antitrust exemption

Twice in the 20th century the Supreme Court was confronted with an opportunity to reverse the 1922 ruling that baseball is not interstate commerce and twice it declined to do so. But maybe not this time. By William B. Gould IV


By William B. Gould IV


In 1922, the U.S. Supreme Court, speaking through Justice Oliver Wendell Holmes, held in Federal Baseball that the exhibition of baseball games was not a business in interstate commerce within the meeting of the Sherman Antitrust Act. This opinion, delivered by a great jurist who suffered, like all baseball players, from what most have perceived to be a bad day, was nonetheless in tune with pre-New Deal interpretations of the commerc...

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