MLB Commissioner Bud Selig speaks during a news conference in New York

It’s hard to see today’s ruling as a victory for San Jose

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I’ve taken a few minutes to gather some thoughts on today’s decision in the San Jose-MLB antitrust lawsuit. I have still not read the decision, but it does appear that the status being currently reported is accurate: (1) the argument by San Jose to have Major League Baseball’s antitrust exemption struck down, thereby paving the way for the A’s to move to San Jose over the Giants’ objection has been dismissed; and (2) San Jose continues to have a viable claim against MLB for tortious interference with the city’s contract(s) with the Athletics, which will be pursued under state law.

Let’s take those one-by-one:

San Jose’s Antitrust claim

This was obviously the big target here. And a nice fat one if San Jose could’ve convinced the judge that baseball’s antitrust exemption — which prevents a team from moving into another’s territory — is stupid and wrong.  And the judge did, apparently, say that the exemption is stupid and wrong. Unfortunately he also said that he felt bound by Supreme Court precedent to uphold it, so that matter will now likely be the subject of an appeal. Major League Baseball still has risk of losing their exemption on appeal, but they just bought a year at least before an appeals court rules on it and longer than that before the matter might get to the Supreme Court, which would ultimately have to weigh in to overturn the original case which granted the exemption.

With the claims to overturn the exemption gone, at least for now, the A’s will be unable to move to San Jose. The league rule establishing San Jose as the San Francisco Giants’ territory holds, thus preventing the A’s from going to San Jose.

The state tort law claims

This is the claim alleging that MLB tortiously interfered with San Jose’s contract with the A’s. If you recall: the contract is an option agreement entered into in 2011 between the A’s owners and San Jose for the purchase of some land on which a ballpark would be built. The A’s paid San Jose $50,000 for the option. It expires soon. If they want to keep the option open for another year it’s another $25,000. If the A’s owners were to buy the land, they can do it for between $6 million and $7 million. Nothing in the option agreement, however, promises that the A’s will actually move. It doesn’t even promise that they’ll buy the land. Just that they have the option to do so.

Of course, since the antitrust exemption is in place, the A’s can’t just decide to move to San Jose. Therefore, unless they are the biggest idiots on the planet, they will not agree to commit to the $7 million land deal. Put differently, no A’s witness will get on a stand and say “yes, we totally want to give San Jose $7 million right now but MLB won’t let us!”  As such, the value of the contract that San Jose now has to prove MLB interfered with is $75,000. That’s it.

Where that leaves us

Much of the reaction in the past few hours — including opinion from legal minds I respect, such as FanGraphs’ Wendy Thurm — has it that this outcome gives San Jose leverage to force a deal with MLB to get the A’s to San Jose.  I’ll grant that they’re better off now than they would be if the whole suit had been tossed — and I do want to read their thoughts on it and may change my mind on the matter if they point out something I’m totally missing here — but I can’t see how San Jose suddenly has much more leverage than it had before.

One idea is that Major League Baseball might fear discovery and depositions that could take place.  I’ll grant that no one wants to have their deposition taken, how threatening is this really? The current claim is limited in scope: $75K on a land option. How much email traffic do you think MLB officials have had on that? And how much of it is damning? Sure, maybe there’s all kinds of stuff about how MLB is “conspiring” to keep the A’s out of San Jose, but so what? The court just ruled that, under the antitrust exemption, such behavior is totally legal!

More broadly: how dumb is Major League Baseball? Not too dumb, usually. The entire purpose of Bud’s famous committee on San Jose was to do … nothing. There are likely reports about city and stadium viability and all of that, but the reason you set up that committee is to funnel everything to it and make it disappear for half a decade. Or at least to have it sit there innocuously. It’s staffed, by the way, in part by lawyers who have worked for MLB before. You think they’re sitting on smoking guns? Hardly.

Any effort by San Jose to dig deeper than the matters specific to the A’s and their option contract is irrelevant and discovery about that stuff will be resisted. Maybe they get some things, maybe they don’t. But they don’t get the keys to all of MLB’s finances and Bud Selig’s health records and the famous list of positive PED players and Larry Baer’s grandmother’s apple fritter recipe. With limits on discovery there are limits on leverage. And with an existing claim this small, the discovery will be limited.

OK, long enough, Craig, sum it up

Having a claim hanging out there is not good for MLB. But having a trial court decision that the antitrust exemption is still the law outweighs it for now. There was pressure on MLB to avoid a bad decision on that in the trial court and that didn’t get them to the settlement table. There is now pressure, to a degree, to resolve this before an appeals court decides differently. But that’s down the road a bit, and if anything the league has more breathing room on that today than it did yesterday.

It’s a partial win for San Jose, sure. But they lost the big claim and have gained nothing in the short term. More importantly, this does nothing to get the A’s any close to San Jose.

A Mexican team wins the Caribbean Series for the third time in four years

Mexican players celebrate their victory in the Caribbean Series baseball final against Aragua Tigres of Venezuela, in Santo Domingo, Dominican Republic, Sunday, Feb. 7, 2016. Designated hitter Jorge Vazquez hit a game-winning home run leading off the bottom of the ninth inning Sunday, lifting Mexico's Venados de Mazatlan to a 5-4 come-from-behind victory and the championship of the Caribbean Series. (AP Photo/Roberto Guzman)
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For those who aren’t familiar, Serie del Caribe, or the Caribbean Series, is the highest club level baseball tournament in Latin America, pitting the champions of the winter leagues in Cuba, the Dominican Republic, Mexico, Puerto Rico, and Venezuela against one another in a bacchanalia of baseball that, if there was justice in the world, we’d all be watching instead of football.

This year’s installment ended last night with Mexico’s Mazatlan Venados beating Venezuela’s Aragua Tigres 5-4 in the final game at Estadio Quisqueya in Santo Domingo, Dominican Republic. Jorge Vazquez — who Yankees fans may remember from a few years back — provided the winning margin when he hit a home run to lead off the bottom of the ninth inning.

This is the third Serie del Caribe title for a Mexican club in the past four years, with Naranjeros de Hermosillo winning in 2014 and Yaquis de Obregón winning in 2013. Pinar del Río from Puerto Rico won it last winter. This is the first time the Venados have won it.

As we noted yesterday, this was longtime MLB starter Freddy Garcia‘s last game. He gave up four hits and allowed two earned runs over five and a third innings for the Tigres, getting a no-decision.

Report: Teams reluctant to gamble on Cliff Lee

Philadelphia Phillies starting pitcher Cliff Lee throws during the first inning of a baseball game against the Washington Nationals at Nationals Park Thursday, July 31, 2014, in Washington. (AP Photo/Alex Brandon)
AP Photo/Alex Brandon
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In Saturday’s column for the Boston Globe, Nick Cafardo suggests that free agent Cliff Lee is seeking a guaranteed major league deal between $6 and $8 million plus incentives. That is turning some otherwise interested teams away, as the lefty is still recovering from a torn flexor tendon in his left elbow. Lee hasn’t pitched since July 31, 2014.

Last month, Lee’s agent Darek Braunecker said the pitcher would need “a perfect fit” to pitch in 2016. He also noted that Lee has begun a full offseason throwing program.

In his most recent season, Lee compiled a 3.65 ERA with 72 strikeouts and 12 walks in 81 1/3 innings for the Phillies. The Phillies had signed him to a five-year, $120 million contract in December 2010 but declined a club option for the 2016 season, instead buying him out for $12.5 million.

Orioles reconsidering signing Yovani Gallardo

Yovani Gallardo
AP Photo/Tony Gutierrez
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In an article for MASN on Friday, Steve Melewski noted that the Orioles were reluctant to forfeit their first round draft pick (14th overall) in order to sign free agent starter Yovani Gallardo. The club is now reconsidering its stance and rechecking the right-handers medicals, MASN’s Roch Kubatko reports.

Gallardo, who turns 30 on February 27, posted a 3.42 ERA with 121 strikeouts and 68 walks over 184 1/3 innings for the Rangers last season. The Rangers had acquired him in a trade with the Brewers, sending Luis Sardinas, Corey Knebel, and minor leaguer Marcos Diplan to Milwaukee.

Gallardo has posted an ERA below 4.00 in six of his last seven seasons. He remains unsigned into February, however, because his strikeout rate has rapidly decreased with each year since 2012. Per FanGraphs, that rate was 23.7 percent in 2012, then went to 18.6 percent, 17.9 percent, and 15.3 percent progressively. Some of that may have to do with diminishing fastball velocity, as Gallardo’s 90.4 MPH average marked a career low among his eight full seasons with at least 100 innings pitched.

The Orioles lost starter Wei-Yin Chen, who signed with the Marlins, and the back end of their rotation is highly speculative with Kevin Gausman, Mike Wright, Odrisamer Despaigne, and Tyler Wilson. Adding a veteran like Gallardo, even if he is apparently declining, may be stabilizing.

Freddy Garcia is calling it a career

Screenshot 2016-02-07 at 10.16.43 AM
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MLB.com’s Jesse Sanchez passes along word from the Dominican Republic that right-hander Freddy Garcia will hang up his cleats for good after Sunday’s Caribbean Series championship game.

Garcia will start that game for the Tigres de Aragua out of Venezuela. He’s taking on Mexico’s Venados de Mazatlan.

“Venezuelan fans are expecting something good from Freddy and so is everybody,” said Tigres de Aragua manager Eddie Perez, who also serves as the bullpen coach for the Atlanta Braves. “Knowing that it’s his last game is going to make it very special. We all hope he pitches a really good game so he can retire in a good way and bring the title for Venezuela. Everybody who is rooting for Venezuela expects him to do well.”

Garcia’s last major league game was in the 2013 postseason. The 39-year-0ld will finish with a 4.15 ERA, 1.30 WHIP, and 6.4 K/9 in 2,264 career regular-season innings. He had a 3.26 ERA in 11 playoff starts, winning a World Series title with the White Sox in 2005.