IB
Union Calendar No. 488
103D CONGRESS
2D SESSION
H. R. 4994
[Report No. 103–871]
To apply the antitrust laws of the United States to major league baseball.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 18, 1994
Mr. SYNAR (for himself, Mr. BUNNING, Mr. OWENS, and Mr. BILIRAKIS) in-
troduced the following bill; which was referred to the Committee on the
Judiciary
NOVEMBER 29, 1994
Additional sponsors: Mr. WILLIAMS, Mr. GORDON, and Mr. SANDERS
NOVEMBER 29, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To apply the antitrust laws of the United States to major
league baseball.
Be it enacted by the Senate and House of Represent-
atives of the United States of America in Congress assem-
bled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Baseball Fans and
Communities Protection Act of 1994’’.
SEC. 2. PURPOSE.
It is the purpose of the amendment made by section
3 to encourage serious negotiations between the major
league baseball players and the owners of major league
baseball, to prevent the continued economic loss to individ-
uals not involved in the negotiations whose livelihood de-
pends on baseball being played, to prevent ongoing losses
to those communities that host major league baseball, and
to preserve the remainder of the season, the playoffs, and
the World Series for the fans of baseball.
SEC. 3. APPLICATION OF THE ANTITRUST LAWS TO MAJOR
LEAGUE BASEBALL IN EXCEPTIONAL AND EX-
TRAORDINARY CIRCUMSTANCES.
The Clayton Act (15 U.S.C. 12 et seq.) is amended
by adding at the end the following new section:
‘‘SEC. 27. (a) In the event that unilateral terms or
conditions are imposed by any party that has been subject
to an agreement between the owners of major league base-
ball and the labor organization representing the players
of major league baseball, the antitrust laws shall apply to
such terms and conditions and such terms and conditions
may be challenged by any party to such agreement in any
district court of the United States for the district in which
one of the parties is doing business.
‘‘(b) If, prior to the mutual adoption of an agreement
between the owners of major league baseball and the labor
organization representing the players of major league
baseball that replaces the basic agreement between the
parties that expired on December 31, 1993, unilateral
terms and conditions are imposed by any party to the
prior agreement, and those terms and conditions are chal-
lenged in a court action in accordance with subsection (a),
the application of such unilaterally imposed terms and
conditions shall be stayed during the pendency of any such
action or appeal therefrom.
‘‘(c) The term ‘terms and conditions’ shall not include
either a strike or a lockout.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Baseball Fans and Com-
munities Protection Act of 1994’’.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO MAJOR
LEAGUE BASEBALL IN EXCEPTIONAL AND EX-
TRAORDINARY CIRCUMSTANCES.
The Clayton Act (15 U.S.C. 12 et seq.) is amended by
adding at the end the following:
‘‘SEC. 27. (a) If unilateral terms and conditions of em-
ployment in restraint of trade or commerce are imposed by