Curt Flood Act of 1998
PL 105-297 (S.53), enacted 10/27/1998

112 STAT. 2824 
PUBLIC LAW 105-297—OCT. 27, 1998 
Public Law 105-297 
105th Congress 
An Act 
Oct. 27, 1998 
To require the general application of the antitrust laws to major league baseball, 
|-g 53] 
and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Curt Flood Act of 
the United States of America in Congress assembled, 
1998. 
15 use 1 note. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Curt Flood Act of 1998". 
15 use 27a note. 
SEC. 2. PURPOSE. 
It is the purpose of this legislation to state that major league 
baseball players are covered under the antitrust laws (i.e., that 
major league baseball 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. 
15 use 27a. 
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) Subject to subsections (b) through (d), the conduct, 
acts, practices, or agreements of persons in the business of organized 
professional major league baseball directly relating to or affecting 
employment of major league baseball players 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. 
"(b) No court shall rely on the enactment of this section as 
a basis for changing the application of the antitrust laws to any 
conduct, acts, practices, or agreements other than those set forth 
in subsection (a). This section does not create, permit or imply 
a cause of action by which to challenge under the antitrust laws, 
or otherwise apply the antitrust laws to, any conduct, acts, practices, 
or agreements that do not directly relate to or Eiffect employment 
of major league baseball players to play baseball at the major 
league level, including but not limited to— 
"(1) any conduct, acts, practices, or agreements of persons 
engaging in, conducting or participating in the business of 
organized professional baseball relating to or eiffecting employ-
ment to play baseball at the minor league level, any organized 
PUBLIC LAW 105-297—OCT. 27, 1998 
112 STAT. 2825 
professional baseball amateur or first-year player draft, or any 
reserve clause as applied to minor league players; 
"(2) 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 organized professional baseball's minor leagues; 
"(3) any conduct, acts, practices, or agreements of persons 
engaging in, conducting or participating in the business of 
organized professional baseball relating to or affecting franchise 
expansion, location or relocation, franchise ownership issues, 
including ownership transfers, the relationship between the 
Office of the Commissioner and franchise owners, the marketing 
or sales of the entertainment product of organized professional 
baseball and the licensing of intellectual property rights owned 
or held by organized professional baseball teams individually 
or collectively; 
"(4) 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'); 
"(5) the relationship between persons in the business of 
orgguiized professional baseball and umpires or other individ-
uals who are employed in the business of organized professional 
baseball by such persons; or 
"(6) any conduct, acts, practices, or agreements of persons 
not in the business of organized professional major league 
baseball, 
"(c) Only a major league baseball player has standing to sue 
under this section. For the purposes of this section, a major league 
baseball player is— 
"(1) a person who is a party to a major league player's 
contract, or is playing baseball at the major league level; or 
"(2) a person who was a party to a major league player's 
contract or playing baseball at the major league level at the 
time of the injury that is the subject of the complaint; or 
"(3) a person who has been a party to a major league 
player's contract or who has played baseball at the major league 
level, and who claims he has been injured in his efforts to 
secure a subsequent major league player's contract by an 
alleged violation of the antitrust laws: Provided however. That 
for the purposes of this paragraph, the alleged antitrust viola-
tion shall not include any conduct, acts, practices, or agree-
ments of persons in the business of organized professional 
baseball relating to or affecting emplo3m[ient to play baseball 
at the minor league level, including any organized professional 
baseball amateur or first-year player draft, or any reserve 
clause as applied to minor league players; or 
"(4) a person who was a party to a major league player's 
contract or who was pla3dng baseball at the major league level 
at the conclusion of the last full championship season imme-
diately preceding the expiration of the last collective bargaining 
agreement between persons in the business of organized profes-
sional major league baseball and the exclusive collective 
bargaining representative of major league baseball players. 
112 STAT. 2826 
PUBLIC LAW 105-297—OCT. 27, 1998 
"(d)(1) As used in this section, 'person' means any entity, includ-
ing an individual, partnership, corporation, trust or unincorporated 
association or any combination or association thereof. As used in 
this section, the National Association of Professional Baseball 
Leagues, its member leagues and the clubs of those leagues, are 
not *in the business of organized professional major league baseball'. 
"(2) In cases involving conduct, acts, practices, or agreements 
that directly relate to or affect both employment of major league 
baseball players to play baseball at the major league level and 
also relate to or affect any other aspect of organized professional 
baseball, including but not limited to employment to play baseball 
at the minor league level and the other areas set forth in subsection 
(b), only those components, portions or aspects of such conduct, 
acts, practices, or agreements that directly relate to or affect 
employment of major league players to play baseball at the major 
league level may be challenged imder subsection (a) and then only 
to the extent that they directly relate to or affect emplojonent 
of major league baseball players to play baseball at the major 
league level. 
"(3) As used in subsection (a), interpretation of the term 
'directl}^ shall not be governed by any interpretation of section 
151 et seq. of title 29, United States Code (as amended). 
"(4) Nothing in this section shall be construed to affect the 
application to organized professional baseball of the nonstatutory 
labor exemption from the antitrust laws. 
"(5) The scope of the conduct, acts, practices, or agreements 
covered by subsection (b) shall not be strictly or narrowly con-
strued.". 
Approved October 27, 1998. 
LEGISLATIVE HISTORY—S. 53: 
SENATE REPORTS: No. 105-118 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
July 30, considered and passed Senate. 
Oct. 7, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 27, Presidential statement.