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Calendar No. 231
105th CONGRESS
1st Session
S. 53
[Report No. 105-118]
To require the general application of the antitrust laws to major
league baseball, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21, 1997
Mr. Hatch (for himself, Mr. Leahy, Mr. Thurmond, and Mr. Moynihan)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
October 29, 1997
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the general application of the antitrust laws to major
league baseball, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Curt Flood Act of
1997''.</DELETED>
<DELETED>SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL
MAJOR LEAGUE BASEBALL.</DELETED>
<DELETED> The Clayton Act (15 U.S.C. 12 et seq.) is amended by
adding at the end the following new section:</DELETED>
<DELETED> ``Sec. 27. (a) Subject to subsection (b), the antitrust
laws shall apply to the business of professional major league
baseball.</DELETED>
<DELETED> ``(b) Nothing in this section shall be construed to
affect--</DELETED>
<DELETED> ``(1) the applicability or nonapplicability of the
antitrust laws to the amateur draft of professional baseball,
the minor league reserve clause, the agreement between
professional major league baseball teams and teams of the
National Association of Baseball, commonly known as the
`Professional Baseball Agreement', or any other matter relating
to the minor leagues;</DELETED>
<DELETED> ``(2) the applicability or nonapplicability of the
antitrust laws to any restraint by professional baseball on
franchise relocation; or</DELETED>
<DELETED> ``(3) the application of Public Law 87-331 (15
U.S.C. 1291 et seq.) (commonly known as the `Sports
Broadcasting Act of 1961').''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Curt Flood Act of 1997''.
SEC. 2. PURPOSE.
It is the purpose of this legislation to clarify that major league
baseball players are covered under the antitrust laws (i.e., that major
league players will have the same rights under the antitrust laws as do
other professional athletes, e.g., football and basketball players),
along with a provision that makes it clear that the passage of this Act
does not change the application of the antitrust laws in any other
context or with respect to any other person or entity.
SEC. 3. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE
BASEBALL.
The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the
end the following new section:
``Sec. 27. (a) The conduct, acts, practices, or agreements of
persons in the business of organized professional major league baseball
relating to or affecting employment to play baseball at the major
league level are subject to the antitrust laws to the same extent such
conduct, acts, practices, or agreements would be subject to the
antitrust laws if engaged in by persons in any other professional
sports business affecting interstate commerce: Provided, however, That
nothing in this subsection shall be construed as providing the basis
for any negative inference regarding the caselaw concerning the
applicability of the antitrust laws to minor league baseball.
``(b) Nothing contained in subsection (a) of this section shall be
deemed to change the application of the antitrust laws to the conduct,
acts, practices, or agreements by, between, or among persons engaging
in, conducting, or participating in the business of organized
professional baseball, except the conduct, acts, practices, or
agreements to which subsection (a) of this section shall apply. More
specifically, but not by way of limitation, this section shall not be
deemed to change the application of the antitrust laws to--
``(1) the organized professional baseball amateur draft,
the reserve clause as applied to minor league players, the
agreement between organized professional major league baseball
teams and the teams of the National Association of Professional
Baseball Leagues, commonly known as the `Professional Baseball
Agreement', the relationship between organized professional
major league baseball and organized professional minor league
baseball, or any other matter relating to professional
organized baseball's minor leagues;
``(2) any conduct, acts, practices, or agreements of
persons in the business of organized professional baseball
relating to franchise expansion, location or relocation,
franchise ownership issues, including ownership transfers, and
the relationship between the Office of the Commissioner and
franchise owners;
``(3) any conduct, acts, practices, or agreements protected
by Public Law 87-331 (15 U.S.C. 1291 et seq.) (commonly known
as the `Sports Broadcasting Act of 1961'); or
``(4) the relationship between persons in the business of
organized professional baseball and umpires or other
individuals who are employed in the business of organized
professional baseball by such persons.
``(c) As used in this section, `persons' means any individual,
partnership, corporation, or unincorporated association or any
combination or association thereof.''.
Calendar No. 231
105th CONGRESS
1st Session
S. 53
[Report No. 105-118]
_______________________________________________________________________
A BILL
To require the general application of the antitrust laws to major
league baseball, and for other purposes.
_______________________________________________________________________
October 29, 1997
Reported with an amendment
Pages: 1 Other Popular 105th Congressional Bills Documents:
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