[105th Congress Public Law 297]
[From the U.S. Government Printing Office]
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[DOCID: f:publ297.105]
[[Page 2823]]
CURT FLOOD ACT OF 1998
[[Page 112 STAT. 2824]]
Public Law 105-297
105th Congress
An Act
To require the general application of the antitrust laws to major league
baseball, and for other purposes. <<NOTE: Oct. 27, 1998 - [S. 53]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Curt Flood Act
of 1998.>>
SECTION 1. <<NOTE: 15 USC 1 note.>> SHORT TITLE.
This Act may be cited as the ``Curt Flood Act of 1998''.
SEC. 2. <<NOTE: 15 USC 27a note.>> PURPOSE.
It is the purpose of this legislation to state that major league
baseball players are covered under the antitrust laws (i.e., that major
league baseball 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. <<NOTE: 15 USC 27a.>> APPLICATION OF THE ANTITRUST LAWS
TO PROFESSIONAL MAJOR LEAGUE BASEBALL.
The Clayton Act (15 U.S.C. Sec. 12 et seq.) is amended by adding at
the end the following new section:
``Sec. 27. (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
employment of major league baseball players 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.
``(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 employment of major league baseball
players to play baseball at the major league level, including but not
limited to--
``(1) any conduct, acts, practices, or agreements of persons
engaging in, conducting or participating in the business of
organized professional baseball relating to or affecting
employment to play baseball at the minor league level, any
organized
[[Page 112 STAT. 2825]]
professional baseball amateur or first-year player draft, or any
reserve clause as applied to minor league players;
``(2) 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;
``(3) any conduct, acts, practices, or agreements of persons
engaging in, conducting or participating in the business of
organized professional baseball relating to or affecting
franchise expansion, location or relocation, franchise ownership
issues, including ownership transfers, 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;
``(4) any conduct, acts, practices, or agreements protected
by Public Law 87-331 (15 U.S.C. Sec. 1291 et seq.) (commonly
known as the `Sports Broadcasting Act of 1961');
``(5) 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; or
``(6) any conduct, acts, practices, or agreements of persons
not in the business of organized professional major league
baseball.
``(c) Only a major league baseball player has standing to sue under
this section. For the purposes of this section, a major league baseball
player is--
``(1) a person who is a party to a major league player's
contract, or is playing baseball at the major league level; or
``(2) a person who was a party to a major league player's
contract or playing baseball at the major league level at the
time of the injury that is the subject of the complaint; or
``(3) a person who has been a party to a major league
player's contract or who has played baseball at the major league
level, and who claims he has been injured in his efforts to
secure a subsequent major league player's contract by an alleged
violation of the antitrust laws: Provided however, That for the
purposes of this paragraph, the alleged antitrust violation
shall not include any conduct, acts, practices, or agreements of
persons in the business of organized professional baseball
relating to or affecting employment to play baseball at the
minor league level, including any organized professional
baseball amateur or first-year player draft, or any reserve
clause as applied to minor league players; or
``(4) a person who was a party to a major league player's
contract or who was playing baseball at the major league level
at the conclusion of the last full championship season
immediately preceding the expiration of the last collective
bargaining agreement between persons in the business of
organized professional major league baseball and the exclusive
collective bargaining representative of major league baseball
players.
[[Page 112 STAT. 2826]]
``(d)(1) As used in this section, `person' means any entity,
including an individual, partnership, corporation, trust or
unincorporated association or any combination or association thereof. As
used in this section, the National Association of Professional Baseball
Leagues, its member leagues and the clubs of those leagues, are not `in
the business of organized professional major league baseball'.
``(2) In cases involving conduct, acts, practices, or agreements
that directly relate to or affect both employment of major league
baseball players to play baseball at the major league level and also
relate to or affect any other aspect of organized professional baseball,
including but not limited to employment to play baseball at the minor
league level and the other areas set forth in subsection (b), only those
components, portions or aspects of such conduct, acts, practices, or
agreements that directly relate to or affect employment of major league
players to play baseball at the major league level may be challenged
under subsection (a) and then only to the extent that they directly
relate to or affect employment of major league baseball players to play
baseball at the major league level.
``(3) As used in subsection (a), interpretation of the term
`directly' shall not be governed by any interpretation of section 151 et
seq. of title 29, United States Code (as amended).
``(4) Nothing in this section shall be construed to affect the
application to organized professional baseball of the nonstatutory labor
exemption from the antitrust laws.
``(5) The scope of the conduct, acts, practices, or agreements
covered by subsection (b) shall not be strictly or narrowly
construed.''.
Approved October 27, 1998.
LEGISLATIVE HISTORY--S. 53:
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SENATE REPORTS: No. 105-118 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 144 (1998):
July 30, considered and passed Senate.
Oct. 7, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Oct. 27, Presidential statement.
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