9th Circuit Throws Out San Jose’s Antitrust Suit Against MLB

Posted by

In a unanimous decision, a three-judge panel of the Ninth U.S. Circuit Court of Appeals found that San Jose’s antitrust claims against MLB were barred by baseball’s antitrust exemption.

After its antitrust suit against MLB in 2013 was dismissed by a trial court, San Jose had appealed the decision to the Ninth Circuit early last year to continue its effort to move the Oakland A’s to Silicon Valley.

San Jose challenged the 92-year old antitrust exemption of MLB to bring the Oakland Athletics to Silicon Valley pursuant to the 2011 agreement with the team because San Jose is in Santa Clara County which falls under the San Francisco Giants’ territory under MLB’s constitution.  It argued that the territory rules violated federal antitrust laws.

The antitrust exemption was established by the U.S. Supreme Court in 1922 and was most recently challenged and upheld in Flood v. Kuhn in 1972.  Citing Flood, Chief Judge Alex Kozinski wrote that

“San Jose is, at bottom, asking us to deem Flood wrongly decided, and that we cannot do.  Only Congress and the Supreme Court are empowered to question Flood’s continued vitality, and with it, the fate of baseball’s singular and historic exemption from the antitrust laws.’”

“It’s no surprise that we would have to go to the Supreme Court to eliminate an antitrust exemption created by that same court,” San Jose Mayor Sam Licardo said expecting the City Council’s approval of the Supreme Court appeal in the coming weeks.


  1. I’m the business owner of JustCBD company (justcbdstore.com) and I’m presently looking to develop my wholesale side of company. I am hoping someone at targetdomain is able to provide some guidance ! I thought that the most effective way to accomplish this would be to talk to vape companies and cbd retailers. I was hoping if anyone could recommend a trusted web-site where I can purchase Global Vape Shop Database I am currently examining creativebeartech.com, theeliquidboutique.co.uk and wowitloveithaveit.com. Unsure which one would be the most suitable option and would appreciate any support on this. Or would it be easier for me to scrape my own leads? Suggestions?

  2. Having read this I thought it was rather enlightening. I appreciate you taking the time and energy to put this content together. I once again find myself personally spending way too much time both reading and leaving comments. But so what, it was still worthwhile!

  3. Great site you have got here.. It’s difficult to find high-quality writing like yours these days. I truly appreciate individuals like you! Take care!!

  4. An outstanding share! I’ve just forwarded this onto a coworker who had been doing a little homework on this. And he actually ordered me breakfast simply because I found it for him… lol. So let me reword this…. Thank YOU for the meal!! But yeah, thanks for spending time to talk about this matter here on your web site.

  5. I just want to say I’m very new to blogging and site-building and truly enjoyed this web page. Almost certainly I’m want to bookmark your website . You absolutely come with amazing stories. With thanks for sharing your web page.

Leave a Reply

Your email address will not be published.