United States Ninth Circuit
City of San Jose v. Office of the Commissioner of Baseball, 14-15139
Dismissal of plaintiff City of San Jose's antitrust action regarding the Office of the Commissioner of Baseball's delay in deciding whether to approve the Oakland Athletics' move to San Jose, which is within the exclusive operating territory of the San Francisco Giants, is affirmed, where: 1) the baseball industry's historic exemption from the antitrust laws, upheld in Flood v. Kuhn, barred San Jose's antitrust claim regarding franchise relocation under the Sherman and Clayton Acts and state law; and 2) antitrust claims against baseball franchise relocation policies are precluded by Flood's rationale.
Appellate Information
- Decided 01/15/2015
- Published 01/15/2015
Judges
- Kozinski
Court
- United States Ninth Circuit