Chuck Reed San Jose

San Jose sues Major League Baseball, challenging its monopoly power


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.

Video: Jonathan Lucroy who? Roberto Perez homers twice in World Series opener for the Indians

CLEVELAND, OH - OCTOBER 25:  Roberto Perez #55 of the Cleveland Indians hits a three-run home run during the eighth inning against the Chicago Cubs in Game One of the 2016 World Series at Progressive Field on October 25, 2016 in Cleveland, Ohio.  (Photo by Gregory Shamus/Getty Images)
Gregory Shamus/Getty Images
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Back in July, then-Brewers catcher Jonathan Lucroy vetoed a trade that would have sent him to the Indians, helping the club make a significant upgrade behind the plate after losing Yan Gomes to an injury. At the time, Roberto Perez had only played in 11 games, batting .043. Gomes had hit .165 before his injury, and Chris Gimenez batted .202 over 42 games. It was not much of a logical leap to think the Indians would eventually falter due to a lack of production at the catching position.

But here the Indians are in the World Series facing the Cubs. In Game 1 on Tuesday night, Perez — who finished the season with a .183 average and three home runs in 184 plate appearances — drilled a pair of home runs, accounting for four of the six runs the Indians would score in a shutout win over the Cubs.

Perez’s first blast was a solo that that just cleared the left field fence at Progressive Field, coming on an 0-1 fastball from starter Jon Lester. That padded the Indians’ lead to 3-0.

The second homer put the game away, as he punished reliever Hector Rondon for hanging a 2-2 slider with two runners on base, slugging this one enough to clear the left field fence by plenty. That doubled the Indians’ lead to 6-0, the score by which they would eventually win.

Perez is the first catcher to homer twice in a World Series game since Gary Carter did it for the Mets against the Red Sox in the 1986 World Series. Perez is the first Indian to homer twice in the same playoff game since Jim Thome in the 1999 ALDS against the Red Sox.

Corey Kluber dazzles as Indians blank Cubs 6-0 in Game 1 of the World Series

CLEVELAND, OH - OCTOBER 25:  Corey Kluber #28 of the Cleveland Indians throws a pitch against the Chicago Cubs during the first inning in Game One of the 2016 World Series at Progressive Field on October 25, 2016 in Cleveland, Ohio.  (Photo by Jamie Squire/Getty Images)
Jamie Squire/Getty Images

From the moment Kris Bryant struck out looking for the second out of the first inning in Game 1 of the World Series, the Cubs knew Indians starter Corey Kluber brought his A-game and that they were in for a long night. Bryant was Kluber’s second strikeout victim in as many batters and he would go on to strike out eight batters through the first three innings, setting a World Series record.

The Indians, meanwhile, gave Kluber an early cushion, scoring twice in the bottom of the first inning. Francisco Lindor hit a two-out single, then stole second base against starter Jon Lester. Lester proceeded to walk Mike Napoli and Carlos Santana to load the bases. Jose Ramirez brought one run home with an infield single to the left of the pitcher’s mound. The lefty then hit Brandon Guyer with a pitch to force in another run, giving the Indians a 2-0 lead.

The Indians scored one more run in the fourth inning when catcher Roberto Perez snuck a solo home run over the fence in left field, victimizing Lester yet again.

The Cubs struggled to get any kind of momentum going, wasting a leadoff double by Ben Zobrist in the second inning and a two-out double by Kyle Schwarber in the fourth. Through six innings, Kluber yielded only three hits with zero walks and nine strikeouts. He took the mound to start the seventh but departed after Zobrist led off with a single to left field.

Reliever and ALCS MVP Andrew Miller entered the game, but the Cubs seemed to have a better time against him. Schwarber drew a walk and Javier Baez singled to left, loading the bases. At the very least, it seemed, Miller would give up at least one run, if not two. The average team scored two runs with the bases loaded and no outs, according to Baseball Prospectus. But Miller showed why he was named the MVP of the ALCS, getting Willson Contreras to fly out to shallow center. Schwarber thought the ball would drop, so he was way off the second base bag, but center fielder Rajai Davis didn’t notice and fired home to ensure a run didn’t score. Despite the mistake, Miller rebounded by striking out Addison Russell and David Ross to escape the inning with no damage done

Miller returned to the mound for the eighth inning for his second inning of work. After getting Dexter Fowler to fly out, he walked Bryant. Miller got Anthony Rizzo to fly out to shallow center, but Zobrist singled to center to put runners on first and third with two outs. On his 46th pitch of the night, Miller struck out Schwarber to escape the inning.

Perez decided to double the Indians’ lead to 6-0 in the bottom of the eighth. Cubs reliever Justin Grimm walked Guyer and allowed a single to Lonnie Chisenhall, forcing manager Joe Maddon to replace him with Hector Rondon. Rondon hung a 2-2 slider and Perez crushed it, this time clearing the fence by plenty for a three-run homer. He’s the first catcher with two homers in a World Series game since Gary Carter in 1986.

Closer Cody Allen, who thought he was going to be used in a save situation, took over in the top of the ninth. After striking out Baez, Contreras doubled to right field. Allen then struck out Russell as well as pinch-hitter Miguel Montero to end the game in a 6-0 victory for the Indians.

Game 2 of the World Series will start an hour earlier than usual on Wednesday due to forecasted inclement weather late at night. Jake Arrieta will make the start for the Cubs opposite the Indians’ Trevor Bauer.