LAS VEGAS – Christopher Kaempfer wrote an interesting and informative article on Baseball’s Antitrust Exemption entitled “The Gift That, So Far at Least, Keeps on Going”. Beginning in the late 19th Century, concerns were being raise, both in public and private circles, over large (then unregulated) businesses that their size and influence could affect trade or commerce between states or with foreign nations. This effect could be accomplished through the cornering of a particular market, service or good or through express or implied agreements with others in similar businesses, which agreements would fix prices and/or limit production. The size of these corporations was creating justifiable concerns that competition, a key factor in keeping prices down, would be lost. Consequently, pressured to act, Congress passed The Sherman Antitrust Act (“The Sherman Act”) in 1890.
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