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.

Red Sox even ALCS 1-1, defeat Astros 7-5 in Game 2

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Game 2 of the ALCS, held Sunday night in Boston, was a play in three parts. For the first three innings, it was a back-and-forth affair between the offenses of the Red Sox and Astros. The middle three innings involved both team’s pitching staffs calming things down. The final third of the game saw the Red Sox add insurance. Ultimately, the Red Sox went on to win 7-4 to even the ALCS at one game apiece.

The Red Sox opened the scoring in the bottom of the first inning, with Andrew Benintendi and Rafael Devers hitting RBI singles off of a shaky Gerrit Cole. The Astros returned the salvo in the top of the second against David Price as George Springer fisted a double that just barely stayed fair down the right field line to plate two runs to tie the game. Marwin González broke the 2-2 tie in the top of the third, turning on an inside cut fastball for a two-run homer over the Green Monster. In the bottom half of the third, the Red Sox put together a rally, loading the bases with one out. After Ian Kinsler struck out, Jackie Bradley, Jr. drilled an opposite-field double off of the Monster with the carom taking left fielder Marwin González back towards the infield, allowing all three runs to score, putting the Red Sox back on top at 5-4.

Price, whose postseason woes are well-publicized, pitched better than his line indicated. He was on the hook for four runs on five hits with four walks and four strikeouts. His counterpart, Cole, went six frames, on the hook for five runs (four earned) on six hits and a pair of walks with five strikeouts.

Once Price was out of the game, Matt Barnes got four outs with nary a scrape. Ryan Brasier worked around a two-out walk in the seventh for a scoreless frame. In the bottom half of the seventh, facing Lance McCullers, Jr., Mookie Betts led off with a walk. As Benintendi struck out, Betts moved to second base on a wild pitch. During J.D. Martinez‘s at-bat, Martín Maldonado allowed a passed ball, which gave Betts the opportunity to move to third base. Martinez struck out, but Maldonado was unable to handle a pitch from reliever Josh James, so Betts ran home to score a crucial insurance run.

Rick Porcello took over in the eighth, setting down Tony Kemp, González, and Carlos Correa in 1-2-3 fashion, striking out the latter two. In the bottom half of the eighth, Betts added yet another insurance run with an RBI double to right-center.

Kimbrel has had a rough postseason thus far, giving up a run in Game 1 of the ALDS against the Yankees followed by two more in Game 4. Those struggles continued on Sunday. He got Evan Gattis to pop up, then struck out Josh Reddick. So far, so good. Unfortunately for Kimbrel, Springer poked a double to left field, then advanced to third base on a wild pitch while José Altuve batted. Altuve then ripped a single off of the Monster to bring the tying run to the plate in the form of Alex Bregman. Mercifully, for the Red Sox and their fans, Kimbrel got Bregman to fly out to Benintendi just in front of the Monster in deep left field.

David Price’s team won a postseason game he started for the first time. This was his 10th postseason start and he had been 0-8 with one no-decision.

With the ALCS tied up at one game each, the Red Sox and Astros will take Monday off to travel to Houston. Game 3 is slated for a 5:09 PM ET start on Tuesday. The Red Sox haven’t yet named a starter but the Astros will go with Dallas Keuchel.