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West Virginia Law Review Online

Abstract

In 1922, the United States Supreme Court exempted Major League Baseball (“MLB”) from the Sherman Antitrust Act in the landmark decision Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs. Despite growing criticism from the players, fans, and the courts, this exemption holds true today. Although MLB players have slowly been given greater contracting rights, minor league players have been left behind in this fight. MLB’s antitrust exemption negatively affects MiLB and allows league owners to exploit players for little salary, often forcing them to live at or below the poverty line. Poor living conditions, coupled with the Supreme Court’s recent holding in NCAA v. Alston, which allows college players to profit off of their name, image, and likeness, make college baseball an increasingly more appealing option for athletes. This Note discusses the antitrust exemption in light of NCAA v. Alston and suggests ways in which MiLB can be saved, including relinquishing MLB’s antitrust exemption and adopting a similar model to other minor league franchises to keep the minor league as a viable option whilst improving the lives of players.

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