Major League Baseball moves to dismiss the San Jose antitrust lawsuit

48 Comments

Major League Baseball moved to dismiss the antitrust lawsuit filed against it by the city of San Jose over the relocation — or lack of relocation — by the Oakland A’s.  The Mercury-News has the full story. The short version, though, is that among the multiple defenses the suit raises, Major League Baseball has asserted that San Jose has no standing to sue.

This was the biggest weakness I and many others saw when the suit was filed. All plaintiffs to a lawsuit must be able to show that he or she has 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. As Major League Baseball argued in its filing yesterday, San Jose has no such interest:

“The alleged harms are too remote and speculative to support an antitrust claim. If [San Jose’s claims were supported], it would lead to absurd results: every time a franchise contemplated relocation, MLB would be subjected to suits from any city that desires a team and from any city that does not want to lose a team … San Jose is a city. And, like many cities, it may want to host a Major League Club in a brand new revenue-producing stadium, and to entertain fans in its local businesses. San Jose is not, however, a Major League club, a potential purchaser of a Major League club, or the owner of a stadium that is available for lease to a Major League club.”

I’m normally not too impressed with lawyers’ “this would create absurd results” arguments, because often they don’t point to any actually possible absurd results. But really, if you read and believe San Jose’s lawsuit, any city could file such a suit. When the Rays talk speculatively about maybe one day having to leave St. Petersburg, there’s really nothing stopping, say, the city of Newark, New Jersey from saying “we’d love to have the Rays but we can’t because of MLB’s territorial rules and that prevents us from making all kinds of money on a franchise so please help us out, court.”

Sure, unlike that scenario there has been flirtation between the A’s and San Jose, but there is really nothing more legally binding between them than there is between the Rays and Newark. They have one thing: a land-purchase option that provides San Jose no guarantees of any kind beyond some very low payments to keep the option open. That money has been paid. They’re out nothing by virtue of Major League Baseball’s anti-competitive behavior. No obligations actually legally owed to them have been thwarted by Major League Baseball.

This would be different if the A’s were plaintiffs here and their interest in moving was being thwarted. Or if there was actually some investment (beyond a P.R. offensive by San Jose’s mayor) to get the A’s to San Jose which was undertaken with a reasonable expectation that the move could happen.  But we don’t have that here. We have no damages. San Jose has no standing.

I so want this lawsuit to be successful for selfish, end-driven reasons having to do with my disdain for MLB’s antitrust exemption and my desire to see teams move to follow the nation’s population patterns. But this isn’t the suit that’s gonna do it. At least as it is currently structured.

Giants beat Mariners again in road game playing at home

Darren Yamashita-USA TODAY Sports Images
Leave a comment

SAN FRANCISCO — The nomadic Seattle Mariners are taking their bats from the Bay Area to Southern California for three more “home games” on the road.

Wilmer Flores hit a go-ahead, two-run triple in the seventh inning of the San Francisco Giants‘ 6-4 win Thursday that sent Seattle to a second home defeat played in San Francisco’s ballpark because of dangerous air quality in Western Washington.

The series was moved because of smoke from all the West Coast wildfires. Now, the Mariners are altering their air travel reservations once more and headed to San Diego for a weekend series at Petco Park.

“It’s disappointing, but its the world we’re living in in 2020,” Mariners starter Nick Margevicius said. “There’s a lot of things we can’t control, a lot of things in the season, a lot of things in the world right now.”

Darin Ruf homered in the second inning to back Giants starter Tyler Anderson, who hurt his own cause when he was ejected in the bottom of the third by plate umpire Edwin Moscoso for emphatically expressing his displeasure with a walk to Kyle Lewis.

“Tyler knows that that just can’t happen,” mangaer Gabe Kapler said. “It puts us in a really tough spot.”

Wandy Peralta followed Anderson and threw 49 pitches over a career-high three innings, and Rico Garcia (1-1) worked one inning for his first major league win. Sam Selman finished for his first career save, stranding two runners when Lewis lined out and Kyle Seager flied out.

“Peralta came up huge for us,” Kapler said. “As tough as that was it was equally rewarding and in some ways inspiring to see him come out and give us the length that he did and battle. It gave us a chance to climb back into the game. I thought our guys continued to be resilient.”

JP Crawford hit a two-run single in the second following RBI singles by Tim Lopes and Phillip Ervin, but Seattle’s bullpen couldn’t hold a three-run lead.

Margevicius was staked to an early lead but Kendall Graveman (0-3) couldn’t hold it. The Mariners capitalized in the second after Anderson hit Seager in the backside.

Seattle has fared better against San Diego this season after losing all four to San Francisco. Manager Scott Servais had prepared himself for the possibility his club might have to stay on the road a little longer.

“I think with our players and everybody else it was going to be a two-day trip. That’s what we were led to believe that everything was going to clear up in Seattle,” Servais said. “We can’t control the weather it’s bigger than all of us and with what’s going on there with the smoke. Certainly understand why we have to go but I don’t think anybody was really prepared for it.”

Brandon Crawford contributed a sacrifice fly and Evan Longoria and Alex Dickerson RBI singles for the Giants.

Austin Slater returned at designated hitter for San Francisco and went 0 for 2 with a walk as he works back from a painful right elbow. Luis Basabe singled in the sixth for his first career hit and also stole his first base.

“I didn’t think about it,” said Basabe, who will gift the special souvenir ball to his mother. “I was just happy to get the opportunity.”

Justin Smoak made his Giants home debut as a pinch hitter in the sixth facing his former club after he signed a minor league deal earlier this month following his release by the Brewers.

Anderson, who was trying to win consecutive starts for the first time this season, received his second career ejection. The other was Aug. 13, 2016, while with Colorado.