To apply the antitrust laws to major league baseball in certain circumstances, and for other purposes.

February 14 (legislative day, JANUARY 30), 1995

Mr. HATCH (for himself, Mr. MOYNIHAN, Mr. GRAHAM, and Mr. BINGAMAN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To apply the antitrust laws to major league baseball in certain circumstances, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act shall be known as the `Professional Baseball Antitrust Reform Act of 1995'.

SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE BASEBALL .

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

`SEC. 27. APPLICATION OF THE ANTITRUST LAWS.

`(a) IN GENERAL- The antitrust laws shall apply to the business of organized professional major league baseball with respect to labor relations between labor and management (including agreements between the labor organization representing the players of professional major league baseball and the owners of professional major league teams and agreements between such individual owners and players).

`(b) RULES OF CONSTRUCTION- Nothing in this section shall be construed to affect--

`(1) the outcome of any antitrust litigation based on any area or activity of the business of professional baseball other than the area of, or an activity relating to, relations between labor and management of major league baseball ;

`(2) the application of Public Law 87-331 (15 U.S.C. 1291 et seq.) (commonly known as the `Sports Broadcasting Act of 1961'); or

`(3) the applicability or nonapplicability of the antitrust laws to professional baseball 's amateur draft, the minor league reserve clause, the Professional Baseball Agreement, or any other matter relating to the minor leagues.

`SEC. 28. THE NONSTATUTORY LABOR EXEMPTION.

`(a) IN GENERAL- The nonstatutory labor exemption from the antitrust laws shall not apply to any term or condition that--

`(1) is unilaterally imposed or maintained 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 ; and

`(2) differs substantially from the provisions of the basic agreement between the two parties that expired on December 31, 1993.

`(b) RULES OF CONSTRUCTION-

`(1) IN GENERAL- Nothing in this section shall otherwise be construed to affect the scope or application of the nonstatutory labor exemption from the antitrust laws.

`(2) DEFINITION- As used in this section, `term or condition' does not include a strike or lockout.

`(c) TERMINATION- Subsection (a) shall not apply to conduct that is incidental to, or that occurs after, the mutual adoption of an agreement between the owners of major league baseball and the labor organization representing the players of major league baseball to replace the basic agreement between the two parties that expired on December 31, 1993, but shall apply to other conduct occurring before the adoption of such an agreement.'.