To amend the Clayton Act to make the antitrust laws applicable to the elimination or relocation of major league baseball franchises.

November 14, 2001

Mr. WELLSTONE (for himself, Mr. DAYTON, and Mr. HARKIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To amend the Clayton Act to make the antitrust laws applicable to the elimination or relocation of major league baseball franchises.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fairness in Antitrust in National Sports (FANS) Act of 2001'.

SEC. 2. PURPOSE.

It is the purpose of this Act to state that the elimination or relocation of major league baseball franchises are covered under the antitrust laws, and to make clear that the enactment 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.

SEC. 3. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE BASEBALL.

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

(1) by redesignating section 27, as added by the Curt Flood Act of 1998 (Public Law 105-297), as section 28, and

(2) by adding at the end the following:

`SEC. 29. (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 the elimination or relocation of a major league baseball franchise 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 affect the elimination or relocation of a major league baseball franchise, including but not limited to--

`(1) 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;

`(2) any conduct, act, practice, or agreement of a person engaging in, conducting, or participating in the business of organized professional baseball relating to or affecting 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;

`(3) any conduct, act, practice, or agreement protected by Public Law 87-331 (15 U.S.C. Sec. 1291 et seq.) (commonly known as the `Sports Broadcasting Act of 1961'); and

`(4) any conduct, act, practice, or agreement of a person not in the business of organized professional major league baseball.

`(c) Any person (including any major league or minor league baseball player, any Federal, State, or local government, and any stadium authority) injured by a violation of subsection (a), shall have standing to bring action under such subsection based on such violation.

`(d)(1) As used in this section--

`(A) the term `person' means any entity, including an individual, partnership, corporation, trust, or unincorporated association, or any combination or association thereof, and

`(B) the National Association of Professional Baseball Leagues, its member leagues, and the clubs of any of such leagues, shall not be considered to be `in the business of organized professional major league baseball'.

`(2) The scope of the conduct, acts, practices, or agreements covered by subsection (b) shall not be strictly or narrowly construed.'.

END