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Handicapping San Jose's odds in MLB lawsuit

Publication Date: 
June 18, 2013
Silicon Valley Business Journal
Nathan Donato-Weinstein

Professor Bill Gould spoke with the Silicon Valley Business Journal about San Jose’s antitrust lawsuit against Major League Baseball and why he says “the odds are against it.”

In April, San Jose Mayor Chuck Reed asked Major League Baseball Commissioner Bud Selig for a one-on-one meeting to discuss allowing the Oakland A's to move to San Jose, a meeting he hoped would help avoid litigation. Selig declined.

On Tuesday, Selig got another kind of invitation: this time to court.

But two legal experts today said that San Jose faces an uphill climb in its antitrust lawsuit against Major League Baseball. The suit takes aim at a 1922 case that gave MLB an exemption from federal antitrust law.



"The weight of authority supports (Major League Baseball) on adherence to the now 91-year-old federal baseball decision," said William B. Gould IV, the Charles A. Beardsley professor of law, emeritus, at Stanford University. "The odds are against it."