MLB Commissioner Bud Selig speaks during a news conference in New York

MLB’s takeover of the Dodgers could imperil baseball’s antitrust exemption

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Yesterday I noted that Major League Baseball may be wary of a fight with Frank McCourt because it has a lot of rules with respect to club ownership that exist simply because owners agree to them and that, if challenged, there are likely several that wouldn’t hold up in court.  One of them — Major League Baseball’s putative right to approve who buys a team and enters the ownership club — could be seriously jeopardized in all of this.

You know how it works: a team goes on the market and the bidders line up. Before the deal is done, MLB “approves” the winning ownership group. And that group is not necessarily the highest bidder. There is much talk, however, about who Bud Selig likes and who he doesn’t, who is friends with Jerry Reinsdorf and who isn’t and that sort of thing. This is the step where Mark Cuban’s ambitions get thwarted.  It’s also a step that probably violates antitrust laws and, according to the only court that has ever considered the matter, does not fall into baseball’s more-limited-than-you-think antitrust exemption.

Flash back 18 years to the case of Piazza v. Major League Baseball (831 F. Supp. 420 (E.D. Pa. 1993) for those of you who care), in which some gentlemen from Pennsylvania tried to buy the San Francisco Giants and move them to Florida. Then-Giants’ owner Bob Lurie was going to sell, but MLB stepped in and indicated that it would not approve the sale. The buyers sued, arguing (among other things) that baseball illegally restrained free trade in the market in which baseball teams are bought and sold. Baseball argued that it was allowed to do this pursuant to the antitrust exemption.

The trial court agreed with the would-be buyers during the preliminary stages of that case, ruling that the antitrust exemption didn’t apply to the purchase of teams.

Granted, this wasn’t a final decision on the merits. Rather, the court basically ruled that if the plaintiffs could prove that MLB wrongfully thwarted the sale — say, that baseball had no legitimate business basis for excluding a potential ownership group –they could win. Of course it never got that far. Having seen that its antitrust exemption was in peril, baseball settled with the plaintiffs, paying them $6 million for their trouble, and the case went away and does not now serve as any sort of binding precedent.

Since that time, baseball has continued to approve or deny “ownership applications” as though they were country club memberships as opposed to the restraint of the sale of goods in a free market. It has been able to get away with this because, to my knowledge, no current owner selling a team has challenged baseball’s ability to approve buyers — remember, they themselves got into the club through this very process — and, with no dispute, there can be no court case. Both the Cubs and the Rangers sales had the potential for this inasmuch the team sales were thrown into court, but neither instance created a situation in which the selling owner wanted to sell to A, but baseball wanted to sell to B.

So, back to the present: Frank McCourt is making serious noises about suing Major League Baseball. No matter how this all shakes out, it’s hard to see it ending in any way other than a sale of the Dodgers.  As is suggested by the legal experts cited in today’s article from Bill Shaikin in the Los Angeles Times, the only way that McCourt won’t sue over the specifics of the sale is if baseball agrees to take the highest bidder.  If that highest bidder isn’t someone Bud Selig wants to let in his club — say, I dunno, some skeezy businessman from some unpronounceable former Soviet Republic who is on record saying that he wants to give out the biggest free agent contracts in recorded history — Selig could have a serious dilemma on his hands:  allow a potential maverick (Maverick?)  into the club or risk re-litigating the Piazza case.

I want to see Frank McCourt gone and I want to see a responsible owner in Los Angeles with a minimum of fuss.  But boy howdy, it would be fun to see Major League Baseball’s anti-competitive practices blown away too, so I can’t say that I, as a popcorn-eating gawker to all of this, will be disappointed either way.

Video: Holliday’s home run a fitting goodbye for Cardinals

ST. LOUIS, MO - SEPTEMBER 30: Matt Holliday #7 of the St. Louis Cardinals hits a solo home run against the Pittsburgh Pirates in the seventh inning at Busch Stadium on September 30, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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If tonight was his last night in a Cardinals uniform, Matt Holliday made the most of it.

After sitting out most of the second half with a fractured thumb, the 36-year-old was activated from the disabled list on Friday and slotted in as a pinch-hitter during the seventh inning of the Cardinals’ 7-0 shutout. What happened next could hardly have elicited more sentiment had it been scripted:

The solo shot was Holliday’s first home run as a pinch-hitter, and his first home run of any kind since August 9. The triumphant moment might have been the last of its kind in St. Louis, as it was reported earlier today that the Cardinals do not plan to exercise Holliday’s option in 2017.

Prior to the game, the left fielder released a statement in which he expressed his gratitude for the past eight seasons with the Cardinals’ organization:

I would like to thank Mr. Dewitt, Mo and the entire ownership group for the opportunity to play for the St. Louis Cardinals.

I am proud of what we have accomplished on and off the field during the past seven years. I have also been humbled by the incredible support and participation in our Homers for Health program.

It has been an honor to play in front of such great fans and for such a historic organization. I can honestly say it has been a dream come true.

While I’m disappointed this could be it here in St. Louis, I understand that it might be time to move on.

I’d like to express my love and admiration for Tony, Mike and all of the coaches and staff that I have had the pleasure to do life with these past seven-plus years.

The most emotional part of this is my teammates and the relationships I’ve built with some of these guys over the years. Particularly, Adam and Yadi, to be considered part of the core with two of the finest human beings I’ve ever known.

Finally, I’m eternally thankful for the Lord bringing me to the city of St. Louis in August of 2008. Lots of cool stuff has happened since then. On behalf of my wife Leslee and our children Jackson, Ethan, Gracyn and Reed: Thank you!

Angel Pagan body-slammed a fan on the field

SAN FRANCISCO, CA - SEPTEMBER 13: Angel Pagan #16 of the San Francisco Giants argues with umpire Jerry Meals #41 after a called third strike during the first inning against the San Diego Padres at AT&T Park on September 13, 2016 in San Francisco, California.  (Photo by Jason O. Watson/Getty Images)
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Don’t interrupt Angel Pagan in the middle of a wild card race. Better yet, don’t interrupt him at all.

A fan learned that the hard way during Friday’s Giants-Dodgers game. In the fourth inning, a group of fans ran onto the field with white flowers in their hands, presumably to hand to Giants players. According to eyewitness accounts, one player was reprimanded by San Francisco starter Madison Bumgarner, while Buster Posey fended off another.

Angel Pagan, however, took more extreme and inventive measures.

On-field security started closing in on the fan as he approached Pagan, but didn’t appear to pick up the pace until the outfielder dropped him on the field.

Vin Scully, who was wrapping up the third-to-last game of his career, provided play-by-play of the incident.

A couple of kids, trying to steal a moment, slow down the game, running on the field and just taking a big moment on the big stage. They’ve got one of them in right field, and the other one is nailed down by Pagan in left field. And the crowd loved that! They went up to do something with Angel Pagan, but [Pagan] grabbed him and slammed him to the ground, and they’re taking him off the field. […] Doesn’t that bring you back to the ’60s, and the flower children? Oh what, you don’t remember the ’60s? Okay.

The next time you want to send a message to a player, maybe try a tweet (throw in a flower emoji or two if you feel so inclined). Just don’t make a showy display of affection in the middle of a game. It’s bound to go badly, at least where Angel Pagan is concerned.