[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 53 Reported in Senate (RS)]






                                                       Calendar No. 231
105th CONGRESS
  1st Session
                                 S. 53

                          [Report No. 105-118]

   To require the general application of the antitrust laws to major 
                league baseball, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

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

                            October 29, 1997

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To require the general application of the antitrust laws to major 
                league baseball, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Curt Flood Act of 
1997''.</DELETED>

<DELETED>SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL 
              MAJOR LEAGUE BASEBALL.</DELETED>

<DELETED>    The Clayton Act (15 U.S.C. 12 et seq.) is amended by 
adding at the end the following new section:</DELETED>
<DELETED>    ``Sec. 27. (a) Subject to subsection (b), the antitrust 
laws shall apply to the business of professional major league 
baseball.</DELETED>
<DELETED>    ``(b) Nothing in this section shall be construed to 
affect--</DELETED>
        <DELETED>    ``(1) the applicability or nonapplicability of the 
        antitrust laws to the amateur draft of professional baseball, 
        the minor league reserve clause, the agreement between 
        professional major league baseball teams and teams of the 
        National Association of Baseball, commonly known as the 
        `Professional Baseball Agreement', or any other matter relating 
        to the minor leagues;</DELETED>
        <DELETED>    ``(2) the applicability or nonapplicability of the 
        antitrust laws to any restraint by professional baseball on 
        franchise relocation; or</DELETED>
        <DELETED>    ``(3) the application of Public Law 87-331 (15 
        U.S.C. 1291 et seq.) (commonly known as the `Sports 
        Broadcasting Act of 1961').''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Curt Flood Act of 1997''.

SEC. 2. PURPOSE.

    It is the purpose of this legislation to clarify that major league 
baseball players are covered under the antitrust laws (i.e., that major 
league players will have the same rights under the antitrust laws as do 
other professional athletes, e.g., football and basketball players), 
along with a provision that makes it clear that the passage 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. 12 et seq.) is amended by adding at the 
end the following new section:
    ``Sec. 27. (a) The conduct, acts, practices, or agreements of 
persons in the business of organized professional major league baseball 
relating to or affecting employment to play baseball at the major 
league level 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: Provided, however, That 
nothing in this subsection shall be construed as providing the basis 
for any negative inference regarding the caselaw concerning the 
applicability of the antitrust laws to minor league baseball.
    ``(b) Nothing contained in subsection (a) of this section shall be 
deemed to change the application of the antitrust laws to the conduct, 
acts, practices, or agreements by, between, or among persons engaging 
in, conducting, or participating in the business of organized 
professional baseball, except the conduct, acts, practices, or 
agreements to which subsection (a) of this section shall apply. More 
specifically, but not by way of limitation, this section shall not be 
deemed to change the application of the antitrust laws to--
            ``(1) the organized professional baseball amateur draft, 
        the reserve clause as applied to minor league players, 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 professional 
        organized baseball's minor leagues;
            ``(2) any conduct, acts, practices, or agreements of 
        persons in the business of organized professional baseball 
        relating to franchise expansion, location or relocation, 
        franchise ownership issues, including ownership transfers, and 
        the relationship between the Office of the Commissioner and 
        franchise owners;
            ``(3) any conduct, acts, practices, or agreements protected 
        by Public Law 87-331 (15 U.S.C. 1291 et seq.) (commonly known 
        as the `Sports Broadcasting Act of 1961'); or
            ``(4) the relationship between persons in the business of 
        organized professional baseball and umpires or other 
        individuals who are employed in the business of organized 
        professional baseball by such persons.
    ``(c) As used in this section, `persons' means any individual, 
partnership, corporation, or unincorporated association or any 
combination or association thereof.''.




                                                       Calendar No. 231

105th CONGRESS

  1st Session

                                 S. 53

                          [Report No. 105-118]

_______________________________________________________________________

                                 A BILL

   To require the general application of the antitrust laws to major 
                league baseball, and for other purposes.

_______________________________________________________________________

                            October 29, 1997

                       Reported with an amendment