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MLB's Antitrust Shield Likely To Survive San Jose Cert. Bid

Law360, New York (August 14, 2015, 12:22 PM EDT) -- The odds are stacked against the U.S. Supreme Court taking on San Jose's lawsuit challenging Major League Baseball's antitrust exemption in the fall, but if the justices do accept the case, experts say the court would almost certainly undo the sport's nearly century-old immunity.

Baseball has been shielded from federal antitrust law since 1922, and subsequent courts have transformed that original decision rooted in a long-since outdated view of interstate commerce into a full-blown antitrust immunity in a pair of oft-derided opinions.

But even though the California city of San Jose has given the court a chance to unwind those rulings,...

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