II

104TH CONGRESS

1ST SESSION S. 415

To apply the antitrust laws to major league baseball in certain circumstances,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 14 (legislative day, JANUARY 30), 1995

Mr. HATCH (for himself, Mr. MOYNIHAN, Mr. GRAHAM, and Mr. BINGAMAN)

introduced the following bill; which was read twice and referred to the

Committee on the Judiciary

A BILL

To apply the antitrust laws to major league baseball in

certain circumstances, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act shall be known as the ‘‘Professional Base5 ball Antitrust Reform Act of 1995’’.

6 SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO PRO7 FESSIONAL MAJOR LEAGUE BASEBALL.

8 The Clayton Act (15 U.S.C. 12 et seq.) is amended

9 by adding at the end the following new sections:
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1 ‘‘SEC. 27. APPLICATION OF THE ANTITRUST LAWS.

2 ‘‘(a) IN GENERAL.—The antitrust laws shall apply

3 to the business of organized professional major league

4 baseball with respect to labor relations between labor and

5 management (including agreements between the labor or6 ganization representing the players of professional major

7 league baseball and the owners of professional major

8 league teams and agreements between such individual

9 owners and players).

10 ‘‘(b) RULES OF CONSTRUCTION.—Nothing in this

11 section shall be construed to affect—

12 ‘‘(1) the outcome of any antitrust litigation

13 based on any area or activity of the business of pro14 fessional baseball other than the area of, or an activ15 ity relating to, relations between labor and manage16 ment of major league baseball;

17 ‘‘(2) the application of Public Law 87–331 (15

18 U.S.C. 1291 et seq.) (commonly known as the

19 ‘Sports Broadcasting Act of 1961’); or

20 ‘‘(3) the applicability or nonapplicability of the

21 antitrust laws to professional baseball’s amateur

22 draft, the minor league reserve clause, the Profes23 sional Baseball Agreement, or any other matter re24 lating to the minor leagues.
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1 ‘‘SEC. 28. THE NONSTATUTORY LABOR EXEMPTION.

2 ‘‘(a) IN GENERAL.—The nonstatutory labor exemp3 tion from the antitrust laws shall not apply to any term

4 or condition that—

5 ‘‘(1) is unilaterally imposed or maintained by

6 any party that has been subject to an agreement be7 tween the owners of major league baseball and the

8 labor organization representing the players of major

9 league baseball; and

10 ‘‘(2) differs substantially from the provisions of

11 the basic agreement between the two parties that ex12 pired on December 31, 1993.

13 ‘‘(b) RULES OF CONSTRUCTION.—

14 ‘‘(1) IN GENERAL.—Nothing in this section

15 shall otherwise be construed to affect the scope or

16 application of the nonstatutory labor exemption from

17 the antitrust laws.

18 ‘‘(2) DEFINITION.—As used in this section,

19 ‘term or condition’ does not include a strike or lock20 out.

21 ‘‘(c) TERMINATION.—Subsection (a) shall not apply

22 to conduct that is incidental to, or that occurs after, the

23 mutual adoption of an agreement between the owners of

24 major league baseball and the labor organization rep25 resenting the players of major league baseball to replace

26 the basic agreement between the two parties that expired
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1 on December 31, 1993, but shall apply to other conduct

2 occurring before the adoption of such an agreement.’’.

Æ