Brooklyn Journal of Corporate, Financial & Commercial Law

First Page



Over a hundred years ago, the Supreme Court of the United States granted Major League Baseball (MLB) an antitrust exemption, allowing the organization to engage in anticompetitive practices that antitrust laws are designed to prevent. Today, MLB remains the only sports league with an antitrust exemption, despite legal challenges and inquiries, especially regarding its impact on the recently unionized Minor League Baseball players in 2022. Issues related to the exemption arise from the history of poor conditions for Minor League Baseball players in relation to their wages, living conditions, and transportation, among others. Despite recent improvements resulting from unionization and a new collective bargaining agreement, the question of whether MLB should retain its antitrust exemption remains unresolved. The Supreme Court has said it is Congress’s job to make that decision, even though the Court itself granted the exemption. This Note argues that baseball’s antitrust exemption is problematic and should be removed by the judicial system because its continuation remains an obstacle for Minor League Baseball players seeking to improve their conditions.