Chuck Reed San Jose

San Jose sues Major League Baseball, challenging its monopoly power

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The City of San Jose has sued Major League Baseball in an effort to get the Oakland A’s to relocate to San Jose, to challenge the Giants claim to rights over the territory and to challenge Major League Baseball’s long-standing monopoly power.

The lawsuit, a copy of which can be seen here, and which is analyzed in-depth here, alleges that Major League Baseball has caused San Jose to lose prospective financial benefits and deals by virtue of the A’s moving there and violations of state and federal antitrust laws.

This will get big headlines, but until I see the lawsuit or have someone tell me otherwise, I can’t see how the City of San Jose would have a leg to stand on. Literally: I think legal standing is a big, big problem here.

Standing, for purposes of a lawsuit, is the idea that focuses on whether a plaintiff in a lawsuit can show that he or she some personal legal interest that has been damaged by the defendant. It is not enough that the plaintiff has an interest of sorts or a prospective interest. It has to be a concrete personal stake in the outcome of the suit. You may be very interested in a big real estate deal going down, but you can’t sue the people involved for not letting you into the deal on the idea that, “man, I would’ve made a ton of money!”  You have to be in the deal already and have your rights violated.

I don’t see how San Jose has that standing here. Yes, they would benefit greatly from the A’s moving to San Jose and yes MLB’s monopoly rules which control where franchises can and cannot be are preventing it. But they are not party to those rules. They have no hard and fast deal with the Oakland A’s yet. There have been statements of principles and plans announced pending MLB approval of an A’s move, but nothing hard and in stone. Indeed, if the A’s had committed to San Jose in such a way already, the Giants and/or Major League Baseball likely would have sued them by now.

I hate baseball’s monopoly power. I think it makes watching games on TV difficult and I think it makes the game less competitive by keeping teams from doing everything they can to compete. But that doesn’t give me the right to sue Major League Baseball over it. The A’s in San Jose would make San Jose’s life way better too, many would argue. But just because they’re not doesn’t give San Jose the right to sue either. What would make this different is if Lew Wolff and the A’s were involved. And I find it almost impossible to believe that they would be.

UPDATE: How about more than impossible the A’s would be involved here. From Michael McCann’s column about Frank McCourt back in 2011 in Sports Illustrated:

MLB could also highlight the “waiver of recourse” clause found in the MLB constitution. This clause prevents clubs from engaging in litigation against the commissioner, the league or other owners. Indeed, by virtue of becoming a franchise owner, an owner waives away the right to seek remedies that would normally be available through the legal system. The clause also compels owners to resolve their differences internally and to accept the commissioner’s judgment as binding.

This would prevent the A’s from joining in.  I’m told the San Jose complaint, however, alleges that the MLB Constitution is expired now. Which would be odd, but that’s the claim. Likely asserted so that the A’s could later join the suit if it gets further down the road.

Freddie Freeman extends hitting streak to 30 games

ATLANTA, GA - SEPTEMBER 17: Freddie Freeman #5 of the Atlanta Braves waits to bat in the fifth inning against the Atlanta Braves at Turner Field on September 17, 2016 in Atlanta, Georgia. (Photo by Daniel Shirey/Getty Images)
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Braves first baseman Freddie Freeman extended his hitting streak to 30 games with a single to center field in the bottom of the sixth inning of Wednesday night’s win against the Phillies. Prior to that at-bat, he had grounded out, been hit by a pitch, and walked.

Freeman entered Wednesday night batting .382/.477/.673 with 11 doubles, seven home runs, 27 RBI, and 24 runs scored over his past 29 games. Though his numbers are lacking compared to National League MVP Award favorite Kris Bryant, Freeman will get some top-five votes. On the season, he entered Wednesday hitting .307/.404/.576 with 33 home runs, 88 RBI, and 99 runs scored in 673 plate appearances.

Freeman’s 30-game hitting streak is the longest such streak in the majors this season, according to ESPN Stats & Info. He has also reached base safely in 46 consecutive games.

If Mets clinch Wild Card spot, Noah Syndergaard to be limited to 25 pitches on Sunday

WASHINGTON, DC - SEPTEMBER 13:  Noah Syndergaard #34 of the New York Mets pitches in the third inning against the Washington Nationals at Nationals Park on September 13, 2016 in Washington, DC.  (Photo by Greg Fiume/Getty Images)
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Mets manager Terry Collins has been scheming out his rotation for the final few days of the season. As ESPN’s Adam Rubin reports, Bartolo Colon may start on short rest against the Phillies on Friday since he threw just 47 pitches in Monday’s loss to the Marlins.

Collins also said that if the Mets clinch a Wild Card spot prior to Sunday’s game against the Phillies, Noah Syndergaard will be limited to only 25 pitches in his start. He would then start the Wild Card game for the Mets. If Syndergaard is needed to pitch a full game against the Phillies, it sounds like Colon would start the Wild Card game, though Collins did not specify.

The Mets are limping to the finish line, having lost five starters in Steven Matz, Jacob deGrom Matt Harvey, Zack Wheeler, and Jon Niese. They’ve also withstood injuries to David Wright, Wilmer Flores, Neil Walker, and Lucas Duda.