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Tag Archives: The Antitrust Attorney Blog

Special Baseball Exemption – Supreme Court Takes Us Out To The Ball Game.

08 Wednesday Jul 2015

Posted by Celia C. Elwell, RP in Antitrust Law, Special Exemptions

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Baseball, Commerce Clause, Federal Antitrust Law, Jarod Bona, Special Exemption, The Antitrust Attorney Blog

Major League Baseball, an Antitrust Exemption, and the Ninth Circuit, by Jarod Bona, The Antitrust Attorney Blog

http://www.theantitrustattorney.com/category/classic-antitrust-cases/

Baseball is special. How do we know that? Is it the fact that it has been declared America’s Pastime? Or is it the feelings we have when we smell the freshly cut grass on a sunny spring day? Or is it the acoustics of a wood bat striking a leather-wrapped baseball? The answer is that we know that baseball is special because the US Supreme Court has told us so.

Over the course of ninety-two years, the Supreme Court has consistently affirmed and re-affirmed a special exemption from the antitrust laws for the ‘business of providing public baseball games for profit between clubs of professional baseball.’ There is a state action exemption, an insurance exemption, a labor exemption, and a  . . . baseball exemption? That’s right. A baseball exemption from the federal antitrust laws. . . .

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Antitrust Laws and Exclusive Contracts.

29 Monday Dec 2014

Posted by Celia C. Elwell, RP in Antitrust Law, Contract Law

≈ Comments Off on Antitrust Laws and Exclusive Contracts.

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Antitrust Law, Contract Law, Jarod Bona, The Antitrust Attorney Blog

Does an Exclusive-Dealing Agreement Violate the Antitrust Laws?, by Jarod Bona, The Antitrust Attorney Blog

http://tinyurl.com/pgptsjo

Sometimes parties will enter a contract whereby one agrees to buy (or supply) all of its needs (or product) to the other. For example, maybe a supplier and retailer agree that only the supplier’s product will be sold in the retailer’s stores? This usually isn’t free as the supplier will offer something—better services, better prices, etc.—to obtain the exclusivity.

If you compete with the party that receives the benefit of the exclusive deal, this sort of contract can seem quite aggravating. After all, you have a great product, you offer a competitive price, and you know that your service is better. Then why is the retailer only buying from your competitor? Shouldn’t you deserve at least a chance? Isn’t that what the antitrust laws are for?

Maybe. But most exclusive-dealing agreements are both pro-competitive and legal under the antitrust laws. That doesn’t mean that you can’t bring an antitrust action and it doesn’t mean you won’t win. But, percentage-wise, most exclusive-dealing arrangements don’t implicate the antitrust laws. . . .

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