To apply the antitrust laws of the United States to major league baseball.

August 18, 1994

Mr. SYNAR (for himself, Mr. BUNNING, Mr. OWENS, and Mr. BILIRAKIS) introduced the following bill; which was referred to the Committee on the Judiciary

November 29, 1994

Additional sponsors: Mr. WILLIAMS, Mr. GORDON, and Mr. Sanders

November 29, 1994

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

To apply the antitrust laws of the United States to major league baseball.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

[Struck out->] This Act may be cited as the `Baseball Fans and Communities Protection Act of 1994'. [<-Struck out]

[Struck out->] SEC. 2. PURPOSE. [<-Struck out]

[Struck out->] It is the purpose of the amendment made by section 3 to encourage serious negotiations between the major league baseball players and the owners of major league baseball, to prevent the continued economic loss to individuals not involved in the negotiations whose livelihood depends on baseball being played, to prevent ongoing losses to those communities that host major league baseball, and to preserve the remainder of the season, the playoffs, and the World Series for the fans of baseball. [<-Struck out]

[Struck out->] SEC. 3. APPLICATION OF THE ANTITRUST LAWS TO MAJOR LEAGUE BASEBALL IN EXCEPTIONAL AND EXTRAORDINARY CIRCUMSTANCES. [<-Struck out]

[Struck out->] The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end the following new section: [<-Struck out]

[Struck out->] `SEC. 27. (a) In the event that unilateral terms or conditions are imposed by any party that has been subject to an agreement between the owners of major league baseball and the labor organization representing the players of major league baseball, the antitrust laws shall apply to such terms and conditions and such terms and conditions may be challenged by any party to such agreement in any district court of the United States for the district in which one of the parties is doing business. [<-Struck out]

[Struck out->] `(b) If, prior to the mutual adoption of an agreement between the owners of major league baseball and the labor organization representing the players of major league baseball that replaces the basic agreement between the parties that expired on December 31, 1993, unilateral terms and conditions are imposed by any party to the prior agreement, and those terms and conditions are challenged in a court action in accordance with subsection (a), the application of such unilaterally imposed terms and conditions shall be stayed during the pendency of any such action or appeal therefrom. [<-Struck out]

[Struck out->] `(c) The term `terms and conditions' shall not include either a strike or a lockout.'. [<-Struck out]

SECTION 1. SHORT TITLE.

This Act may be cited as the `Baseball Fans and Communities Protection Act of 1994'.

SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO MAJOR LEAGUE BASEBALL IN EXCEPTIONAL AND EXTRAORDINARY CIRCUMSTANCES.

The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end the following:

`SEC. 27. (a) If unilateral terms and conditions of employment in restraint of trade or commerce are imposed by any party that has been subject to an agreement between 2 or more major league baseball clubs and the labor organization representing the players of major league baseball, such unilateral imposition shall be subject to the antitrust laws.

`(b) Subsection (a) shall not apply to a term or condition imposed solely with respect to a professional baseball player who is a party to a uniform player contract that is assigned, at the time the imposition described in such subsection occurs, to a baseball club that is not a major league professional baseball club.

`(c) This section shall not be construed to modify, impair, or supersede the operation of--

`(1) the Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et seq.), or

`(2) any Federal statute relating to labor relations.

`(d) For purposes of this section, the term `terms and conditions' does not include a strike or a lockout.'.

Union Calendar No. 488

To apply the antitrust laws of the United States to major league baseball.

November 29, 1994