[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 15 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 15

  To provide that professional baseball teams and leagues composed of 
           such teams shall be subject to the antitrust laws.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

 Mr. Moynihan introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide that professional baseball teams and leagues composed of 
           such teams shall be subject to the antitrust laws.

    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 ``National Pastime Preservation Act of 
1995''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the business of organized professional baseball is in, 
        or affects, interstate commerce; and
            (2) the antitrust laws should be amended to reverse the 
        result of the decisions of the Supreme Court of the United 
        States in Federal Baseball Club of Baltimore, Inc. v. National 
        League of Professional Baseball Clubs, 259 U.S. 200 (1922), 
        Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953), and 
        Flood v. Kuhn, 407 U.S. 258 (1972), which exempted baseball 
        from coverage under the antitrust laws.

SEC. 3. APPLICATION OF ANTITRUST LAWS TO PROFESSIONAL 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) In General.--Except as provided in Public Law 87-331 
(15 U.S.C. 291 et seq.) (commonly known as the `Sports Broadcasting Act 
of 1961'), the antitrust laws shall apply to the business of organized 
professional baseball.
    ``(b) Application of Section.--This section--
            (1) shall apply to any agreement that is in effect on or 
        after the date of enactment of this section and to conduct 
        engaged in after that date in furtherance of that agreement or 
        in furtherance of any other object; but
            (2) shall not apply to conduct engaged in before that 
        date.''.
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