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.

Blue Jays place Tulowitzki on DL with right quad strain

TORONTO, CANADA - MAY 27: Troy Tulowitzki #2 of the Toronto Blue Jays is hit by pitch in the sixth inning during MLB game action against the Boston Red Sox on May 27, 2016 at Rogers Centre in Toronto, Ontario, Canada. (Photo by Tom Szczerbowski/Getty Images)
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TORONTO (AP) The Toronto Blue Jays have placed Troy Tulowitzki on the 15-day disabled list with a right quad injury.

An MRI before Saturday’s game against the Boston Red Sox revealed a low-grade strain, and Tulowitzki will receive treatment on the leg before resuming baseball activities.

“I think I needed more time to get over the hump,” he said. “There was a couple things that made me realize that I wasn’t myself out there. I just felt it too many times.”

Tulowitzki was injured stealing second in New York against the Yankees on Tuesday. He came out of that game, and after sitting out the remainder of the series, he returned for Friday night’s home game against the Red Sox but was ineffective, going 0-for-4 with four strikeouts and showing limitations in his movement in the field.

“It’s tough,” Tulowitzki said. “You could rest it and maybe get better in a week or so, but then you have to play with a man down, and that’s not the right thing to do either, so that was the decision.”

He is batting .204 this season, with eight home runs and 23 RBIs. Ryan Goins and Darwin Barney are expected to split time at shortstop until Tulowitzki returns.

The Blue Jays called up left-handed reliever Aaron Loup to take Tulowitzki’s spot on the roster. Loup, who has yet to play this season, has been recovering from a forearm strain in his pitching arm and just completed a rehab assignment with Triple-A Buffalo.

Mets acquire James Loney from the Padres

LAKE BUENA VISTA, FL - MARCH 14:  James Loney #21 of the Tampa Bay Rays swings at a pitch during the first inning of a spring training game against the Atlanta Braves at Champion Stadium on March 14, 2016 in Lake Buena Vista, Florida.  (Photo by Stacy Revere/Getty Images)
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The Mets have acquired first baseman James Loney from the Padres in exchange for cash, ESPN’s Adam Rubin reported on Saturday afternoon. The Mets’ interest in Loney was first reported on Tuesday after learning that Lucas Duda would be out “a while” with a stress fracture in his back.

Loney, 32, has spent the entirety of the 2016 season with Triple-A El Paso in the Padres’ system. He hit .342/.373/.424 with two home runs and 28 RBI in 169 plate appearances.

Rubin suggests Loney could platoon at first base with Wilmer Flores, who is expected to return from the disabled list soon.

Braves place SS Aybar on DL with bruised foot, recall Blair

ATLANTA, GA - MAY 25:  Erick Aybar #1 of the Atlanta Braves reacts after finding gum in his glove from a prank by teammates between the seventh and eighth inning against the Milwaukee Brewers at Turner Field on May 25, 2016 in Atlanta, Georgia.  (Photo by Kevin C. Cox/Getty Images)
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ATLANTA (AP) The Atlanta Braves have placed shortstop Erick Aybar on the 15-day disabled list with a bruised right foot.

Aybar left Friday night’s game in the fifth, one inning after he was hit by a pitch from Miami’s Adam Conley. The Braves said Friday night that X-rays were negative.

Aybar, acquired as part of the offseason deal that sent shortstop Andrelton Simmons to the Los Angeles Angels, is hitting .182.

Daniel Castro is starting at shortstop in Saturday’s game against the Marlins.

In a corresponding move, the Braves recalled right-hander Aaron Blair from Triple-A Gwinnett to start Saturday’s game.

Red Sox move Clay Buchholz to the bullpen

BOSTON, MA - MAY 26:  Clay Buchholz #11 of the Boston Red Sox is relieved during the sixth inning against the Colorado Rockies  at Fenway Park on May 26, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox manager John Farrell announced Friday that Clay Buchholz has been moved to the bullpen.

Buchholz was lit up for six runs on Thursday in just the latest poor outing in a year full of them thus far. His ERA now sits at a lofty 6.35 and he is posting a career low strikeout rate of 5.9 per nine innings while both his walk rate and his home run rates have spiked. His WHIP — 1.465 — is the worst he’s posted since 2008.

Eduardo Rodriguez will take his place in the rotation when he comes off the disabled list. He’ll get what would have been Buchholz’s next start on Tuesday.

According to the depth chart, Buchholz was the Red Sox’ second starter. He’s been their worst starter by far this year, however, and now he’s likely a long man who will be seeing mopup duty for the foreseeable future.