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Academic Journal of Humanities & Social Sciences, 2020, 3(1); doi: 10.25236/AJHSS.2020.030104.

A Basic Anti-Monopoly Law Position for Professional Sports

Author(s)

Sicheng Huang

Corresponding Author:
Sicheng Huang
Affiliation(s)

Doctoral Candidate of Law School, China University of Political Science and Law, 25 xitucheng road, haidian district, Beijing, China,100088
sicheng_cupl2019@sina.com

Abstract

Anti-monopoly law is closely related to sports with the development of professional sports. Anti-monopoly law and exemption system become main focus of sports law. Exemption system in sports means anti-monopoly law cannot be applied to sport league. In recent two hundred years, more than six kinds of exemptions were established and made a lasting impact. However, an effort has been under way to amend them. Most exemptions are fading away. This diversion doesn’t get noticed by Chinese mainland scholars, and toleration policy still is the dominant view in Chinese sports law circle even though there are two monopoly cases focusing on exclusive authorization already. In fact, exclusive authorization was abandoned in the west. Therefore, it’s necessary to review the relationship between anti-monopoly law and sports law, the exemptions in sports and recent amendments to them, in order to find the right and basic anti-monopoly law position of professional sports.

Keywords

sports law, anti-monopoly law, exemption, exclusive authorization, basic position

Cite This Paper

Sicheng Huang. A Basic Anti-Monopoly Law Position for Professional Sports. Academic Journal of Humanities & Social Sciences (2020) Vol. 3, Issue 1: 26-38. https://doi.org/10.25236/AJHSS.2020.030104.

References

[1] Jordan Lysiak, Aurusa Kabani, and Molly Harding,2018 Annual Survey: Recent Developments in Sports Law, 29 Marq. SportsL. Rev. 571 (2019).
[2] Kayleigh Mayer,2012 Annual Survey: Recent Developments in Sports Law, 23 Marq. SportsL. Rev. 501 (2013).
[3] Nathaniel Grow: Baseball on Trial: The origin of Baseball’s Antitrust Exemption, Urbana, Illinois: University of Illinois Press, 2014, pp. 22-46.
[4] Warren Freedman: Professional Sports and Antitrust, Connecticut, USA: Quorum Brooks, 1987, p. 3.
[5] American Bar Association, ABA Section of Antitrust Law, Sports and Antitrust Law (2014), United States of America: ABA publishing, 2014, p. 133.
[6] 15 USCA § 1291, 1961, 75 Stat. 732.
[7] 15 USCA §§ 1 to 6, 6a, 7, 1914, 26 Stat. 209.
[8] 29 U.S.C.A. § 101 et seq., 1932, 47 Stat. 70.
[9] Nathaniel Grow: Baseball on Trial: The origin of Baseball’s Antitrust Exemption, Urbana, Illinois: University of Illinois Press, 2014, pp. 218-228.
[10] Stuart Banner: The Baseball Trust: A History of Baseball’s Antitrust Exemption, New York: Oxford University Press, 2013, pp. 91-218.
[11] Matthew J. Mitten, Timothy Davis, Distinguished Rodney K. Smith and N. Jeremi Duru: Sports Law and Regulation: Cases, Materials, and Problems (Fourth Edition), New York: Wolters Kluwer, pp. 408-409.
[12] Flood v. Kuhn, 407 U.S. 258.
[13] 15 USCA § 26b, 1998, 112 Stat. 2824.
[14] McKeown, James T., he Economics of Competitive Balance: Sports Antitrust Claims after American Needle, 21 Marq. Sports L. Rev. 517 (2010-2011).
[15] Chapter 1, Section 7 “Rights over the Olympic Games and Olympic properties” of Olympic Chapter (2018); Article 67 “Rights in competitions and events” of FIFA Statutes(2018). 
[16] Article 7 “Intellectual property related matters” of Contract for the host city of the 24th winter Olympic Games in 2022.
[17] Amateur Softball Ass'n of Am. v. United States, 467 F.2d 312, 1972. American courts unanimously rejected the amateur sports exemption in subsequent cases.
[18] Stuart Banner: The Baseball Trust: A History of Baseball’s Antitrust Exemption, New York: Oxford University Press, 2013, p. 63.
[19] Kevin McDonald, Antitrust and Baseball: Stealing Holmes, Journal of Supreme Court History 1998 (1998): 89-128. As one of the presiding judges of the 1922 case, Justice Holmes is recognized as the founder of pragmatic, social and realistic jurisprudence in the United States. He proposed the famous legal empiricism that "the life of law lies in experience rather than logic" and the legal forecasting theory that "law is the prediction of what the court will do".
[20] Stuart Banner: The Baseball Trust: A History of Baseball’s Antitrust Exemption, New York: Oxford University Press, 2013, p. 123.
[21] Matthew J. Mitten, Timothy Davis, Distinguished Rodney K. Smith and N. Jeremi Duru: Sports Law and Regulation: Cases, Materials, and Problems ( Fourth Edition), New York: Wolters Kluwer, p. 409.
[22] Judd E. Stone and Joshua D. Wright, Antitrust Formalism Is Dead! Long Live Antitrust Formalism! Some Implications of American Needle v. NFL, 2009 CATO SUP. CT. REV. 369, 406 (2009-2010).
[23] Am. Needle, Inc. v. NFL, 560 U.S. 183.
[24] George S. David,2015. The Big Leagues Go to Washington: Congress and Sports Antitrust, 1951-1989[M],United States of America: The Board of Trustees of The University of Illinois:1-3,239-240.