MAJOR LEAGUE BASEBALL v. CRIST

No. 02-10333.

331 F.3d 1177 (2003)

MAJOR LEAGUE BASEBALL, Allan H. Selig, Tampa Bay Devil Rays Ltd., Florida Marlins Baseball Club LLC, Plaintiffs-Appellees, v. Charlie CRIST, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 27, 2003.


Attorney(s) appearing for the Case

Patricia Ann Conners, John D.C. Newton, II, Senior Asst. Atty. Gen., Thomas E. Warner, Tallahassee, FL, for Defendant-Appellant.

John Phillips Cole, James Otto Birr, III, Foley and Lardner, Jacksonville, FL, Lori S. Rowe, Peter Antonacci, Gray, Harris & Robinson, P.A., Tallahassee, FL, Mary K. Braza, G. Michael Halfenger, Foley & Lardner, Milwaukee, WI, for Plaintiffs-Appellees.

Bruce P. Smith, University of Illinois College of Law, Champaign, IL, Steven A. Fehr, Jolley, Walsh, Hurley & Raisher, P.C., Kansas City, MO, George E. Yund, Frost, Brown, Todd LLC, Cincinnati, OH, for Consumer Federation of America, American Antitrust Institute, Major League Baseball Players Ass'n, National Ass'n of Professional Baseball Leagues, Amici Curiae.

Before TJOFLAT and BLACK, Circuit Judges, and GOLDBERG, Judge.


TJOFLAT, Circuit Judge:

For better or worse, professional baseball has long enjoyed an exemption from the antitrust laws.1 The scope of this exemption — a judge-made rule premised upon dubious rationales2 and labeled an "aberration" by the Supreme Court3 — has been the subject of extensive litigation over the years. In this case, we are called upon to address two key...

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