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: Adam Wainwright crushes a three-run homer into the second deck

St. Louis Cardinals' Adam Wainwright connects for a three-run triple against the Arizona Diamondbacks during the sixth inning of a baseball game Wednesday, April 27, 2016, in Phoenix. (AP Photo/Ross D. Franklin)
AP Photo/Ross D. Franklin
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Adam Wainwright has been bringing the lumber lately. The Cardinals’ pitcher delivered a three-run triple in his previous start, last Wednesday, against the Diamondbacks.

During Monday’s start against the Phillies, he doubled to lead off the third inning. Then, in the top of the fourth, he absolutely demolished a Jeremy Hellickson offering for a three-run home run into the second deck at Busch Stadium to tie the game at three apiece.

It’s the seventh home run of Wainwright’s career and brings his season total up to six RBI, matching a career high.

Video: A Delino DeShields base running gaffe costs the Rangers a run

Texas Rangers' Delino DeShields reacts after he struck out swinging to end the tenth inning of a baseball game against the Seattle Mariners, Wednesday, April 13, 2016, in Seattle. The Mariners beat the Rangers 4-2 in ten innings. (AP Photo/Ted S. Warren)
AP Photo/Ted S. Warren
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The Rangers would’ve easily taken a 2-1 lead in the top of the seventh inning of Monday’s game against the Blue Jays if not for a base running mistake by Delino DeShields.

Facing R.A. Dickey, Mitch Moreland led off the frame with an infield single. He advanced to second base on a passed ball. After Elvis Andrus flied out, Brett Nicholas drew a walk and DeShields singled to right, loading the bases. Gavin Floyd came in to relieve Dickey, facing Rougned Odor.

Odor skied a fly ball to right-center, which seemed like an obvious sacrifice fly. Center fielder Kevin Pillar made the catch and alertly made a strong throw into second base. Moreland tagged up and scored from third, and DeShields was attempting to tag up on the play as well. However, DeShields was tagged out by shortstop Troy Tulowitzki. The play was reviewed and the ruling on the field — that Moreland scored before DeShields was tagged out — was overturned, erasing the run from the board. That left the game in a 1-1 tie.

The Rangers would eventually take a 2-1 lead in the top of the eighth when Nomar Mazara drilled a solo home run to center field off of Floyd. All’s well that ends well, right?

Angel Pagan out four to five days with a strained hamstring

San Francisco Giants' Angel Pagan complains after being called out stealing second base against the San Diego Padres during the ninth inning of a baseball game Thursday, Sept. 24, 2015, in San Diego. The play was reviewed, and Pagan was ruled safe. (AP Photo/Gregory Bull)
AP Photo/Gregory Bull
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Giants outfielder Angel Pagan has been diagnosed with a Grade 1 strain of his left hamstring which will leave him out of action for the next four to five days, Henry Schulman of the San Francisco Chronicle reports. Pagan suffered the injury running the bases during Sunday’s game against the Mets.

The Giants are hopeful that Pagan will avoid needing a stint on the disabled list. For now, they intend to use a combination of Gregor Blanco and Mac Williamson in left field in Pagan’s absence.

Pagan, 34, was hitting well, compiling a .315/.366/.457 triple-slash line along with a pair of homers and stolen bases in 101 plate appearances.

Pablo Sandoval will undergo surgery on his left shoulder

Boston Red Sox third baseman Pablo Sandoval heads to the dugout at the end of the seventh the inning of a baseball game against the Miami Marlins, Wednesday, Aug. 12, 2015, in Miami. The Marlins won  14-6. (AP Photo/Alan Diaz)
AP Photo/Alan Diaz
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Update #2 (8:33 PM EDT): Sandoval is expected to miss the rest of the season, ESPN’s SportsCenter tweets.

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Update (8:06 PM EDT): Per Pete Abraham of the Boston Globe, Sandoval will be undergoing a “significant” operation and faces a “lengthy” rehab.

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Red Sox third baseman Pablo Sandoval will undergo surgery on his left shoulder, per Jon Morosi of FOX Sports. Sandoval visited Dr. James Andrews on Monday, Evan Drellich of the Boston Herald reports. Sandoval had been on the disabled list since April 13 (retroactive to the 11th) with the shoulder injury.

Sandoval has had a tumultuous 2016 season. He showed up to spring training appearing to be in less than ideal shape. He proceeded to hit a meager .204 in 49 spring at-bats and lost out on the third base job to Travis Shaw. Sandoval went hitless with a walk in seven plate appearances to begin the regular season before the injury woes took hold.

The Red Sox haven’t yet released details, including the timetable for Sandoval’s recovery, so once that is known, we’ll provide updates.