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.

Giants interested in John Lackey

John Lackey
AP Photo/Charles Rex Arbogast
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Ben Cafardo of the Boston Globe speculated on Sunday that there might be a connection between the Giants and veteran free agent right-hander John Lackey, and now FOX Sports’ Ken Rosenthal reports that San Francisco is indeed in pursuit.

Rosenthal says the Giants, “like most clubs seeking pitching, [are] examining [a] wide range of options” in this starter-heavy free agent market. Lackey would make a ton of sense for any contender on something like a two-year deal. His free agency is tied to draft pick compensation, but that shouldn’t be much of a deterrent.

The 37-year-old right-hander registered a career-best 2.77 ERA across 218 innings (33 starts) this past season for the National League Central-champion Cardinals and he was St. Louis’ most reliable starter during the playoffs.

It’s well known that he wants to remain in the National League.

Angels sign catcher Geovany Soto to one-year contract

Geovany Soto
AP Photo/Alex Gallardo
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As first reported by beat writer Bill Shaikin of the Los Angeles Times, the Angels have signed free agent catcher Geovany Soto to a one-year major league contract.’s Alden Gonzalez says the deal is worth $2.8 million guaranteed.

Soto will offer some veteran presence at catcher for the Halos alongside 25-year-old Carlos Perez, who hit .250/.299/.346 as a rookie in 2015.

Soto slashed .219/.301/.406 with nine homers in 78 games this summer for the White Sox.

The 32-year-old backstop is a .246/.331/.434 career hitter at the major league level.

White Sox acquire right-hander Tommy Kahnle from Rockies

Tommy Kahnle
AP Photo/David Zalubowski
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According to the official Twitter account of the Chicago White Sox, the club acquired right-hander Tommy Kahnle from the Rockies on Tuesday evening in exchange for minor league pitcher Yency Almonte.

Kahnle was designated for assignment by the Rockies last week in a flurry of moves made in preparation of next month’s Rule 5 Draft. The 26-year-old former fifth-round pick posted an ugly 4.86 ERA, 1.77 WHIP, and 39/28 K/BB ratio in 33 1/3 innings this past season for Colorado and he wasn’t much better at Triple-A Albuquerque.

Almonte, 21, had a 3.41 ERA, 1.15 WHIP, and 110/38 K/BB ratio in 137 1/3 innings this past season between Low-A Kannapolis and High-A Winston-Salem.

It’s a straight one-for-one deal of two non-prospects, and the timing of it — in the evening, with Thanksgiving approaching — has our Craig Calcaterra wondering whether an executive was just trying to get out of some family responsibilities …

Mark McGwire to become the Padres bench coach

Los Angeles Dodgers batting coach Mark McGwire roams the field during practice for the National League baseball championship series Thursday, Oct. 10, 2013, in St. Louis. The Dodgers are scheduled to play the St. Louis Cardinals in Game 1 of the NLCS on Friday in St. Louis. (AP Photo/Jeff Roberson)

The other day Dennis Lin of the San Diego Union-Tribune reported that the Padres were in discussions with former Dodgers hitting coach Mark McGwire about their bench coach job. Today Jon Heyman reports that the deal is done and will soon be announced.

McGwire has been the hitting coach for Los Angeles for the past three seasons. When his contract was not renewed following the end of 2015 he was rumored to be up for the Diamondbacks’ hitting coach job. He likely view staying in Southern California to be a plus, as he makes his home in Irvine, which is around 90 miles from Petco Park. That’s a long commute, but Mac can afford the gas, I guess.