In this important study, Banner (law, Univ. of California, Los Angeles) provides extensive treatment of organized baseball's battle with antitrust regulations. He goes back to 1879—before federal antitrust laws were in place—when baseball's reserve clause was devised, contractually binding a player to a team for the whole of his career. Banner refutes the long-standing analysis that competitive balance and the safeguarding of capital investments required the reserve clause, but acknowledges that many relatively well-paid players felt ambivalent about the clause. He counters stereotypical notions regarding baseball and antitrust law, including the belief that a 1922 Supreme Court ruling asserted that Congress determined "to exempt baseball from the antitrust laws." Nevertheless, that 1922 ruling was predicated on an analysis of interstate commerce that soon dissipated. Decades of challenges to the reserve clause followed, culminating in the agreement to allow free agency. As of today, baseball's antitrust exemption remains battered but intact. VERDICT Not for casual baseball fans, this is a decidedly strong contribution to the literature on organized baseball and the law.—RCC
Comment Policy:
  • Be respectful, and do not attack the author, people mentioned in the article, or other commenters. Take on the idea, not the messenger.
  • Don't use obscene, profane, or vulgar language.
  • Stay on point. Comments that stray from the topic at hand may be deleted.
  • Comments may be republished in print, online, or other forms of media.
  • If you see something objectionable, please let us know. Once a comment has been flagged, a staff member will investigate.


ALREADY A SUBSCRIBER?

We are currently offering this content for free. Sign up now to activate your personal profile, where you can save articles for future viewing

ALREADY A SUBSCRIBER?