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MLB Wins Dismissal Of San Jose Antitrust Claims In A's Case

Publication Date: 
October 12, 2013
Business Week - Bloomberg
Joel Rosenblatt, Karen Gullo and Rob Gloster

Stanford Law Professor Mark Lemley comments on the city of San Jose's lawsuit against Major League Baseball in Bloomberg Businessweek.

Major League Baseball won dismissal of antitrust claims in a lawsuit accusing it of keeping the Oakland Athletics from moving to San Jose, California, to shield the San Francisco Giants from competition.

U.S. District Judge Ronald M. Whyte in San Jose yesterday barred the city from refiling its antitrust claims, saying it hasn’t suggested how they could be successfully argued and “nor does the court see how they could be.” The judge, rejecting an MLB request, allowed the city to pursue claims based on interference with its contract and economic advantage.


“The decision is clearly right on the antitrust issues,” Mark Lemley, a Stanford Law School professor, said in an e-mail. “While the baseball exemption doesn’t make much logical sense, the Supreme Court created it, and it is the Supreme Court, or Congress, that has to get rid of it.”