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Posted: 9/28/2005 8:56:06 AM EDT
How is this even an issue that the government gets involved in? Are steroids even illegal? If so let the DEA handle it and declare war on them (pfft). If not, STAY THE FUCK OUT OF IT!

Professional sports are ENTERTAINMENT!

What's next--is congress going to look into all the crappy shows in the new fall lineup? Convene a bipartisan panel on why Dolomite didn't like Firefly? See if there are any performance-enhancing boobies in NFL cheerleaders?

Leave it alone and get back to work! You should be busy with...with...

...hey, waitaminute. Maybe we're all safer when they're preocupied with this kind of useless crap. Nevermind.
Link Posted: 9/28/2005 8:57:43 AM EDT
[#1]
yep.
Link Posted: 9/28/2005 9:00:23 AM EDT
[#2]
Because it keeps them from having to focus on REAL issues like Gas Prices (It is not supply/demand it gouging) which is why the Oil co's have TRIPLED there profits
Link Posted: 9/28/2005 9:02:30 AM EDT
[#3]
Because global terrorism has been solved, gas is down to $0.49 per gallon, we are not at war anywhere...

In short, they're bored, and want to look like they're doing something.
Link Posted: 9/28/2005 9:06:18 AM EDT
[#4]
Because Major League Baseball is a government sanctioned monopoly, approved by Congress. If MLB wants to stay that way, they will have to dance to Congress' tune. Believe me, MLB is all ears right now.
Link Posted: 9/28/2005 9:06:28 AM EDT
[#5]
WTF?  

I want to see pro athelets so roided out of their minds that Quarterbacks can and do have their heads torn off!  

I want to see pro runners and bikers pumped to the complete max with the 2nd place finisher blowing a brain gasket right before the finish line!  

Just imagine how cool a StrongMan competition would be if the gurellas were juiced - full ton objects being lifted above their heads, bone density being the deciding factor in victory.

Quit crying, they are professionals!
Link Posted: 9/28/2005 9:17:25 AM EDT
[#6]

Quoted:
Because Major League Baseball is a government sanctioned monopoly, approved by Congress. If MLB wants to stay that way, they will have to dance to Congress' tune. Believe me, MLB is all ears right now.



They are?  So no other pro sports teams exist?  
Link Posted: 9/28/2005 9:27:56 AM EDT
[#7]
becuase major sports bring billions of tax revenuse into the community,

i would rather see athelets who juice because the game would be more entertaining, and thats just what it is entertainment.  and for all those who say its bad for the kids,  we are not doing anything to stop alchohal abuse, cocain, pot, heroin, extacy, OC, so why should we do something about steroids.  you dont here about steroids causing car wreaks after the bars close,  you dont see steroid users robbing house and preforming sex acts for a fix,

this is just like proposing legislation about asault rifles or rocket launchers,  when 99 percent of the problem is a stolen hangun, so why not legislate against hanguns if you truly care! but making sure that grenade launchers are not avaible sounds better than banning hanguns because everyone would relize how crazy these legisltors are

the community says hey yes those sound bad, lets pass legislation

this is just typical political BS that says hey I care about the community and i am looking out for the well being of you children, please re elect me, and  please stop thinking about the border problem, and the millions of  pounds of coke and herion that are comming into the states through mexico
Link Posted: 9/28/2005 9:51:20 AM EDT
[#8]
Politicians are like Celebrities, they will do anything to get a camera pointed at them.  Besides, they need some kind of achievment for there re-elction campain.
Link Posted: 9/28/2005 10:51:17 AM EDT
[#9]

Quoted:

Quoted:
Because Major League Baseball is a government sanctioned monopoly, approved by Congress. If MLB wants to stay that way, they will have to dance to Congress' tune. Believe me, MLB is all ears right now.



They are?  So no other pro sports teams exist?  



That's right. Baseball enjoys an anti-trust exemption that no other sport enjoys.

www.brookings.edu/press/review/fal2003/zimbalist.htm
Link Posted: 9/28/2005 11:42:28 AM EDT
[#10]

Quoted:

Quoted:

Quoted:
Because Major League Baseball is a government sanctioned monopoly, approved by Congress. If MLB wants to stay that way, they will have to dance to Congress' tune. Believe me, MLB is all ears right now.



They are?  So no other pro sports teams exist?  



That's right. Baseball enjoys an anti-trust exemption that no other sport enjoys.

www.brookings.edu/press/review/fal2003/zimbalist.htm



I didn't know they were formally exempted by case law.  Interesting.

Link Posted: 9/28/2005 11:51:43 AM EDT
[#11]
Two words:
Interstate commerce

The funny thing is that is exactly what MLB is AND you can find Congress' power to regulate it IN the Constitution.

For once, they are doing something within the scope of their mandate.

Link Posted: 9/28/2005 11:52:42 AM EDT
[#12]

Quoted:
Because it keeps them from having to focus on REAL issues like Gas Prices (It is not supply/demand it gouging) which is why the Oil co's have TRIPLED there profits



So I guess back when oil was priced at $18 a barrel you were walking into Chevron stations and giving them a few extra bucks to help them keep in business?  The only people complaining about gas when it was $1.20 a gallon were the oilfield workers who were being laid off and the oil companies who were bleeding money.

The reason that oil companies are making bank right now is that there's a lot of oil in the world that is hard (read: expensive) to get to.  Much of the oil in Texas is so expensive to extract that it just isn't profitable when oil is only $30 a barrel.  Of course, with oil (which is a commodity, just like beans, pork, or rice) at $60 a barrel, the marginal fields start to look good again.

If you think you can produce oil for cheaper, then go for it.  Start drilling, and YOU can sell YOUR oil for $30 a barrel.

What role, specifically, do you think the government should be taking to further regulate oil companies?
Link Posted: 9/28/2005 11:53:39 AM EDT
[#13]

Quoted:

Quoted:
Because Major League Baseball is a government sanctioned monopoly, approved by Congress. If MLB wants to stay that way, they will have to dance to Congress' tune. Believe me, MLB is all ears right now.



They are?  So no other pro sports teams exist?  



Do a little research on this. There are other major football leagues, Arena, XFL, etc, but there has only been one MLB. Why is that? Congress gave them an anti-trust exemption.
Link Posted: 9/28/2005 11:58:00 AM EDT
[#14]
I was wondering the same thing this morning.  Doesn't seem like congress critters should have anything to do with MLB.
Link Posted: 9/28/2005 12:13:37 PM EDT
[#15]
Dabbling, fiddling, and interfering in the business of everyone else is what governing bodies do.

Also dorking around.
Link Posted: 9/28/2005 12:56:01 PM EDT
[#16]

Quoted:

Quoted:

Quoted:
Because Major League Baseball is a government sanctioned monopoly, approved by Congress. If MLB wants to stay that way, they will have to dance to Congress' tune. Believe me, MLB is all ears right now.



They are?  So no other pro sports teams exist?  



Do a little research on this. There are other major football leagues, Arena, XFL, etc, but there has only been one MLB. Why is that? Congress gave them an anti-trust exemption.



In just reading that article, the Judicial branch of our government found them to be exempt.

Or did I read that article wrong?
Link Posted: 9/28/2005 1:00:18 PM EDT
[#17]
Interstate commerce....really. Read up on it. ( I can't stand pro sports.)
Link Posted: 9/28/2005 1:08:44 PM EDT
[#18]

Quoted:
Or did I read that article wrong?


Eventually the courts "punted" and left the decision up to Congress.

Here's a good primer on the anti-trust exemption by ESPN.GO.COM


Wednesday, December 5
Updated: December 6, 9:17 PM ET

Baseball's antitrust exemption: Q & A
By Darren Rovell
ESPN.com

Q: What is the antitrust exemption and how did baseball get it?

A: Any business that operates across state borders -- and therefore participates in interstate commerce -- is subject to antitrust legislation. Attempts to control trade and monopolize may be deemed illegal by federal circuit courts under the Sherman and Clayton acts.

Baseball has been exempt from these antitrust laws since 1922, when the Supreme Court ruled in its favor in Federal Baseball Club of Baltimore, Inc. v. National Baseball Clubs. The Supreme Court determined even though there was scheduling of games across state lines, those games were intrastate events since the travel from one state to another was "not the essential thing," Justice Oliver Wendell Holmes wrote in the decision.

Baltimore, a member of the Federal League that operated as a major league in 1914-15, had sued the National and American Leagues, charging the Federal League's inability to sign players was due to antitrust violations.

At the time of the 1922 ruling, the National and American Leagues were merely umbrella organizations. They arranged the schedules and set the rules, but the business was entirely local in the sense that there was no revenue sharing, no radio or television and no national sponsors or licensing deals.

By virtue of the exemption, coupled with decades of reluctance of various courts to overrule, baseball is the only sport, or business for that matter, that has an exemption to the extent that it does.

Q: What does the exemption do?

A: There are several aspects to the exemption, but the primary issue right now is this means a team can't move unless MLB allows it to move.

Q: Things have changed since 1922. Why does the exemption still exist?

A: The exemption was not considered again by the Supreme Court until 1953 in Toolson v. New York Yankees, Inc. George Toolson, a Yankee minor leaguer, sued over the reserve clause (which binds a player to one organization), claiming it blocked his path to the major leagues. In the decision, the Supreme Court did not deny that baseball was not interstate commerce. Instead, the court ruled that when the Sherman Act was enacted in 1890, Congress didn't intend it to include baseball -- that the Sherman Act was more closely directed to the monopolies and trusts of the robber barons like John D. Rockefeller and Andrew Carnegie.

Q: Why don't other sports have the antitrust exemption?

A: For 18 years after Toolson, in case after case, judges admitted that the baseball exemption was flawed, but it was never overruled. Exemptions for boxing, football and basketball were denied in the higher courts, while hockey and golf antitrust exemptions were also denied in the lower courts.

In 1972, Curt Flood's case -- which also challenged baseball's reserve system -- reached the Supreme Court and although it was again acknowledged that baseball's antitrust exemption was "an anomaly," the Court ruled that it is up to Congress to change baseball's antitrust exemption. Bills were introduced before and after Flood v. Kuhn (1972), but none ever became a law. In 1998, Congress passed the Curt Flood Act of 1998, which said challenges to league rules that restrict player movement or compensation would be subject to antitrust laws. (Although the Supreme Court ruled two years earlier that unionized employees may not file antitrust suits.)

Q: What part of the exemption is now being threatened?

A: If enacted, a bill called the "Fairness in Antitrust in National Sports (FANS)" sponsored Rep. John Conyers, D-Mich., and Minnesota democratic senators Paul Wellstone and Mark Dayton, would strip the antitrust exemption only in regards to Major League Baseball's efforts to control relocation and contraction. It can be interpreted that baseball is allowed to restrict teams from moving to other cities and has the right to fold teams at will, even if another market is a viable one. However, antitrust experts say an antitrust challenge might actually reveal that baseball is not protected in this area, since it has never been explicitly challenged in court. If that is true, it's not necessary that the bill becomes a law, since court precedence would take its place.

In Piazza v. Major League Baseball (1993), Vince Piazza sued baseball after it blocked San Francisco Giants owner Bob Lurie from selling the team to Piazza, who planned to move it to St. Petersburg, Fla. MLB then approved a sale, for $15 million less, to Peter Magowan that kept the team in San Francisco. A federal judge ruled that baseball's restrictions on team relocation were not protected by the exemption. However, the judge then ordered a trial to further explore whether he was incorrect about the scope of baseball's exemption. On the eve of trial, Piazza reportedly received a $6 million settlement from MLB and the hearing never happened.

Q: So, other leagues are subject to antitrust lawsuits?

A:. Yes. If an owner wants to move a team to another city and the league stops him from doing so, the owner can bring an antitrust claim. Raiders owner Al Davis won an antitrust lawsuit in 1982 after the league wouldn't allow him to move from Oakland to Los Angeles. The NFL lost and Davis moved. The threat, and in some cases the actual filing, of antitrust lawsuits led to more movement among NFL teams, such as the Los Angeles Rams to St. Louis and the Cleveland Browns to Baltimore. Since the last MLB team moved in 1971 (the Washington Senators became the Texas Rangers), there have been seven NFL moves, seven NBA moves and nine NHL moves.

Q: Why does MLB want to keep the exemption?

A: If the exemption is repealed, teams can sue if they are not granted the right to move at will. Like other leagues, Major League Baseball might still charge a relocation fee, either to compensate another owner in a nearby market or to compensate the league for moving into a potential expansion market.

Commissioner Bud Selig said baseball will open its books at Thursday's hearing in order to convince Congress that the game is in bad economic shape and needs to keep the exemption. Therefore, baseball could go forward with contraction without an antitrust challenge.

Rep. Conyers has asked Selig to show in detail the financial records of the Florida Marlins, Kansas City Royals, Minnesota Twins, Montreal Expos and Tampa Bay Devil Rays.

Q: Speaking of the Twins and Expos, what part of the exemption deals with contraction?

A: By eliminating teams, the owners would eventually be sharing their revenues among fewer partners. While contraction might be a violation of the Collective Bargaining Agreement -- baseball's permanent arbitrator Shyam Das is currently hearing the Players' Association grievance on this issue -- and perhaps even labor law, the exemption makes it impossible for such a move to be considered an antitrust violation.

If the exemption is removed and there is a challenge, the owners -- as in every antitrust case -- will have to prove that their action to eliminate teams is somehow better for the competitive business of the sport. A plaintiff challenging contraction, in an antitrust suit, would allege that contraction constitutes an agreement among all the teams in the league to limit output (two fewer teams to watch) and limit competition (28 instead of 30 teams competing for the same players). And the plaintiff would argue that the anticompetitive effects exceed any positive effects on competition. If they are successful, the agreement would violate the Sherman Act that prohibits unreasonable restraint of trade.

Q: Who would benefit if this part of the exemption is taken away?

A: Any owner who believes that he can move to another market and increase the value of his franchise. Expos owner Jeffrey Loria could simply sue if he wasn't allowed to move his team to Washington D.C. That move would likely increase the value of his franchise by at least $100 million.

(Loria's case is complicated. He would have to have a stadium lease in the U.S. in order to go through with a suit, because he can't sue under U.S. antitrust laws in a Canadian court. Consider as well Loria's rumored purchase of the Marlins. If he could freely move the Expos -- to a more viable market than South Florida -- why would he want the Marlins?)

Another example is if current Twins owner Carl Pohlad wanted to sell his team, he could get a higher price, since a new ownership group would have the ability to move to another market.

Also, using the threat of a possible antitrust suit could also provide leverage for negotiating a new ballpark in a team's existing market.

Q: How long until this legislation could actually be enacted?

A: It's not going to happen in the next couple months. If the Das hearing or the Minnesota Court of Appeals can't stop contraction from occurring, it is possible that Congress might speed up the process.

Q: If this legislation passes, what other parts of the antitrust exemption could be taken away and what would that do?

A: While it's unlikely that other aspects would be challenged any time soon, it's worth noting the exemption allows baseball to exert ultimate authority on terms of minor league contracts and the reserve clause and the amateur draft.

If the exemption didn't apply to the minor leagues, it's possible baseball could revert to the free minor league system that existed in the first few decades of the 20th century. This would mean minor league teams would exist independent of affiliation with major league franchises. Major league teams would have to purchase or trade for their players from minor league teams or directly from college programs.

The amateur draft could also be abolished, because an amateur player could sue for his right to freedom of movement or that the draft artificially holds down signing bonuses. This would potentially increase the size of bonus payments for the top prospects since bidding wars would develop.

Darren Rovell, who covers sports business for ESPN.com, can be reached at [email protected].



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