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United States Eleventh Circuit


League contraction is a matter that falls within the "business of baseball" and therefore cannot be the subject of a prosecution based upon federal antitrust law. When the business-of-baseball exemption is triggered, baseball clubs are equally immune from prosecution under state antitrust law. An investigation based solely upon contraction is baseless and violates the Fourth Amendment and Florida law.

Appellate Information

  • Decided 05/27/2003
  • Published 05/27/2003


  • TJOFLAT, Circuit Judge:, Before TJOFLAT and BLACK, Circuit Judges, and GOLDBERG, Judge.


  • United States Eleventh Circuit


  • For Appellant:
  • Bruce P. Smith, University of Illinois College of Law, Champaign, IL, Steven A. Fehr, Jolley, Walsh, Hurley & Raisher, P.C., Kansas City, MO, George E. Yund, Frost, Brown, Todd LLC, Cincinnati, OH, for Consumer Federation of America, American Antitrust Institute, Major League Baseball Players Ass'n, National Ass'n of Professional Baseball Leagues, Amici Curiae.

  • For Appellees:
  • Patricia Ann Conners,John D.C. Newton, II, Senior Asst. Atty. Gen., Thomas E. Warner, Tallahassee, FL, for Defendant-Appellant., John Phillips Cole, James Otto Birr, III, Foley and Lardner, Jacksonville, FL, Lori S. Rowe, Peter Antonacci, Gray, Harris & Robinson, P.A., Tallahassee, FL, Mary K. Braza, G. Michael Halfenger, Foley & Lardner, Milwaukee, WI, for Plaintiffs-Appellees.
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