Federal district judge Ronald Whyte held a hearing today on Major League Baseball’s motion to dismiss the City of San Jose’s lawsuit, which charges MLB with violating federal and state law by refusing — so far — to permit the Oakland A’s to move to San Jose.
San Jose’s complaint, filed in June, alleges that MLB places unreasonable restrictions on competition by making it difficult — if not impossible — for teams to relocate from one city to another. The City also claims that by refusing to act on the A’s proposal to build a privately-financed ballpark in San Jose, MLB has interfered with the City’s option agreement with the A’s. Under that agreement, the A’s would purchase land from the City for the purpose of building the ballpark, if MLB approved the move.
As I explained in this post in June, the core of the City’s case is founded on federal antitrust law. And therein lie the issues before Judge Whyte today on MLB’s motion to dismiss the complaint: Does MLB’s antitrust exemption still exist? If so, what is the scope of the exemption? Has San Jose even suffered an injury recognized by antitrust law?
Before I get to the details of today’s hearing, a disclosure. As it notes in my bio below, I practiced law for nearly 18 years before moving on to other things at the end of 2010. For most of that time, I practiced with the law firm of Keker & Van Nest in San Francisco, first as an associate, then as a partner. That firm, including senior partner John Keker, represents MLB in this lawsuit. This case arose long after I left the firm. I never worked on or was privy to any information about MLB’s decision-making with respect to the A’s.
I am also a season-ticket holder with the San Francisco Giants and a Giants fan. But I’ve been on record since early 2012 with a proposal for resolving the territorial rights dispute between the Giants and the A’s in a way that allows the A’s to move to San Jose. My personal view is that a financially-vibrant A’s franchise would be good for MLB and the Bay Area and, ultimately, the Giants.
Now, on to the hearing.
Judge Whyte began the proceedings with questions about the existence and scope of baseball’s antitrust exemption. It was clear from his questions that the judge had read the motion papers and the case law in detail. He was prepared with pointed questions for both sides.
Joe Cotchett, who represents the City, addressed the court first. Cotchett argued that the U.S. Supreme Court and lower courts have narrowed the exemption significantly, and that it now covers only the “business of baseball.” Cotchett then argued that the “business of baseball” is limited to “the play on the field” and does not include matters relating to team location and relocation.
John Keker argued for MLB. He told the court that the exemption was alive and well and that the “business of baseball” includes — at a minimum — league structure and organization, franchise location, broadcast agreements, and revenue sharing.
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