[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 415 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 415

    To apply the antitrust laws to major league baseball in certain 
                 circumstances, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 14 (legislative day, January 30), 1995

  Mr. Hatch (for himself, Mr. Moynihan, Mr. Graham, and Mr. Bingaman) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To apply the antitrust laws to major league baseball in certain 
                 circumstances, and for other purposes.

    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 shall be known as the ``Professional Baseball Antitrust 
Reform Act of 1995''.

SEC. 2. 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 sections:

``SEC. 27. APPLICATION OF THE ANTITRUST LAWS.

    ``(a) In General.--The antitrust laws shall apply to the business 
of organized professional major league baseball with respect to labor 
relations between labor and management (including agreements between 
the labor organization representing the players of professional major 
league baseball and the owners of professional major league teams and 
agreements between such individual owners and players).
    ``(b) Rules of Construction.--Nothing in this section shall be 
construed to affect--
            ``(1) the outcome of any antitrust litigation based on any 
        area or activity of the business of professional baseball other 
        than the area of, or an activity relating to, relations between 
        labor and management of major league baseball;
            ``(2) the application of Public Law 87-331 (15 U.S.C. 1291 
        et seq.) (commonly known as the `Sports Broadcasting Act of 
        1961'); or
            ``(3) the applicability or nonapplicability of the 
        antitrust laws to professional baseball's amateur draft, the 
        minor league reserve clause, the Professional Baseball 
        Agreement, or any other matter relating to the minor leagues.

``SEC. 28. THE NONSTATUTORY LABOR EXEMPTION.

    ``(a) In General.--The nonstatutory labor exemption from the 
antitrust laws shall not apply to any term or condition that--
            ``(1) is unilaterally imposed or maintained by any party 
        that has been subject to an agreement between the owners of 
        major league baseball and the labor organization representing 
        the players of major league baseball; and
            ``(2) differs substantially from the provisions of the 
        basic agreement between the two parties that expired on 
        December 31, 1993.
    ``(b) Rules of Construction.--
            ``(1) In general.--Nothing in this section shall otherwise 
        be construed to affect the scope or application of the 
        nonstatutory labor exemption from the antitrust laws.
            ``(2) Definition.--As used in this section, `term or 
        condition' does not include a strike or lockout.
    ``(c) Termination.--Subsection (a) shall not apply to conduct that 
is incidental to, or that occurs after, the mutual adoption of an 
agreement between the owners of major league baseball and the labor 
organization representing the players of major league baseball to 
replace the basic agreement between the two parties that expired on 
December 31, 1993, but shall apply to other conduct occurring before 
the adoption of such an agreement.''.
                                 <all>