Tuesday, May 22, 2012

Go South!

Greener pastures await you down south, dear Stomper
















An astute friend of Baseball San Jose alerted us to an interesting post on Athletics Nation today. AN's BaseballShogun, as frustrated as everyone else by this endless saga, smartly went straight to the expert on MLB territorial rights. In this case, that's Villanova University School of Law professor Mitchell Nathanson. No schlump in matters of MLB legal issues, Professor Nathanson authored 2005's "The Irrelevance of  Major League Baseball's Antitrust Exemption: A Historical Review" in the Rutgers Law Review and 2012's A People's History of Baseball. Here's what he said to AthleticsNation about an A's move south:

I think that if the A’s want to move to San Jose, all they have to do is move there. Nobody is going to stop them. Technically, if the antitrust exemption had any teeth, you’re correct that a ¾ vote could stop them but since the exemption is meaningless, I don’t believe that MLB, or the Giants, would press the issue in a court of law although technically they’d have that right. Right now, the only thing that is keeping the A’s in Oakland is their desire to get along with their fellow teams – they simply don’t want to anger Selig or the Giants’ management. But they really don’t have to do this if they don’t want to. Trust me, if Al Davis owned the A’s, they would have been in San Jose 10 years ago, with or without an antitrust exemption. 

As for Congress, that’s a red herring. They don’t need to engage Congress and ask them to remove something that doesn’t have any real teeth in practicality anyway. Instead, all they have to do is move and put the pressure on MLB or the Giants to do something to stop them. My guess is that the most that would happen is that the Giants would file a grievance with MLB, alleging that the A’s violated their territorial rights. MLB would then compel negotiations between the A’s and the Giants to work out some sort of compensation system (sort of like what happened when the Expos moved into the Orioles’ territory back in 2005) and that would be that. Probably, the A’s would agree to give the Giants a percentage of their cable television income along with a large wad of cash up front. But neither MLB nor the Giants would ever file suit in court to enforce the antitrust exemption.

So, in sum, if the A’s want to move, they simply have to make their deal with San Jose and, as the Nike ad says, Just Do It. 

Regards, 
Mitch

So, there you have it. (By the way, nice work, BaseballShogun.) All these years later, has this really just been a case of the A's begging for forgiveness rather than asking for permission? And are the A's and San Jose finally willing to play hardball with the greedy Giants? San Jose Councilman Sam Liccardo has already raised the specter of a legal challenge to MLB's antitrust exemption. Are we tired of being pushed around? Are we ready to take what we deserve? Maybe it is finally time to just do it.

You're up to bat, San Jose!
 

3 comments:

  1. The A's belong in Oakland with their loyal fan base. Oakland is where they got their titles before and San Jose does not 'deserve' anything.

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  2. Great blog on showing how much MLB's Anti-Trust Exemption is a joke and has no real teeth. MLB acts like they are in a position of power with this, while its all smoke and mirrors. I would recommend everyone read the full, in-depth paper by this professor. It can be found through a simple google search. As a lifelong A's fan (35+ yrs) who no longer lives in the Bay Area but wishes the A's remain in the Bay Area, they need to follow the Nike slogan on this one.

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  3. I don't know how Anonymous can say that San Jose does not deserve anything. We are a city of 1,000,000 freakin people! All we have is a hockey team. It's embarrassing. If there is one thing San Jose deserves, it's a real baseball team. Oakland is run down and has no room for growth. San Jose has potential, and is guaranteed to fill a baseball stadium. So I don't know what you have against San Jose, but you might want to think about becoming a Giants fan because the A's will move to San Jose. We will see of that.

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