CONSTITUTIONAL LAW--COMMERCE CLAUSE--IS ORGANIZED BASEBALL INTERSTATE COMMERCE

Authors

Charles Hansen, University of Michigan Law SchoolFollow

Abstract

Plaintiff contracted to play baseball for defendant ball club. The agreement contained the usual "reserve" clause whereby the player agreed not to perform for a team other than defendant unless assigned or released. By terms of the contract, broad disciplinary power over the contracting parties was accorded the commissioner of baseball, and when plaintiff breached the reserve clause, an exercise of that power resulted in his being barred from Organized Baseball for a period of five years. Suit was brought against the organizations comprising Organized Baseball under the Sherman Act, for damages caused by the consequent deprivation of plaintiff's means of livelihood. The lower court sustained a motion to dismiss for lack of jurisdiction. Held, reversed and remanded. By means of radio and television, baseball games are carried on pro tanto in interstate commerce. However, because application of the Sherman Act requires more than incidental participation in commerce, the lower court must determine whether defendant's interstate activities form a large enough part of the business to impress it with an interstate character. Gardella v. Chandler, (App. 2d, 1949) 172 F. (2d) 402.

Recommended Citation

Charles Hansen, CONSTITUTIONAL LAW--COMMERCE CLAUSE--IS ORGANIZED BASEBALL INTERSTATE COMMERCE, 47 Mich. L. Rev. 1214 (1949).
Available at: https://repository.law.umich.edu/mlr/vol47/iss8/15