作者saveme (hihi不要在底下推噓文, )
看板Baseball
標題Re: [情報] 大聯盟提出將FA最長合約年限改為 5 年
時間Fri Jun 26 05:56:18 2026
※ 引述《jclee0000 (寧藝卓我老婆)》之銘言:
: BREAKING: In its next CBA, the league is proposing a max contract length of 5 yr
: s for free agent players switching teams, 6 years to retain their own players. N
: o deferred contracts. Qualifying offer is gone too. Also, 5 years to free agency
: for players 30 or older.
: https://x.com/jesserogersespn/status/2070212648570892627?s=61
: 下份CBA聯盟提出將自由球員的最長合約年限改成五年
: 續約自家球員的話則為六年
: 禁止延遲支付
: 合格報價QO也會跟著不見
: 30歲或更老的球員只要累積五年年資就有自由球員資格
: 感覺封定了
我一直以來很想問一個問題,
關於反壟斷法對於職業棒球的相關性,
(b)(2)
職棒大聯盟球隊與國家職棒聯盟協會球隊之間的協議(通常稱為「職棒協議」),職棒大
聯盟與職業小聯盟之間的關係,或與職棒小聯盟有關的任何其他事項;
它是應該把有職棒協議在內的行為排除適用在反壟斷法的意思嗎?
以下是完整網址:
https://www.govinfo.gov/content/pkg/USCODE-2009-title15/html/
USCODE-2009-title15-chap1-sec26b.htm
以下是縮網址:
https://reurl.cc/DxagMe
15 U.S.C.
United States Code, 2009 Edition
Title 15 - COMMERCE AND TRADE
CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Sec. 26b - Application of antitrust laws to professional major league baseball
From the U.S. Government Publishing Office, www.gpo.gov
§26b. Application of antitrust laws to professional major league baseball
(a) Major league baseball subject to antitrust laws
Subject to subsections (b) through (d) of this section, the conduct, acts,
practices, or agreements of persons in the business of organized professional
major league baseball directly relating to or affecting employment of major
league baseball players to play baseball at the major league level are
subject to the antitrust laws to the same extent such conduct, acts,
practices, or agreements would be subject to the antitrust laws if engaged in
by persons in any other professional sports business affecting interstate
commerce.
(b) Limitation of section
No court shall rely on the enactment of this section as a basis for changing
the application of the antitrust laws to any conduct, acts, practices, or
agreements other than those set forth in subsection (a) of this section. This
section does not create, permit or imply a cause of action by which to
challenge under the antitrust laws, or otherwise apply the antitrust laws to,
any conduct, acts, practices, or agreements that do not directly relate to or
affect employment of major league baseball players to play baseball at the
major league level, including but not limited to—
(1) any conduct, acts, practices, or agreements of persons engaging in,
conducting or participating in the business of organized professional
baseball relating to or affecting employment to play baseball at the minor
league level, any organized professional baseball amateur or first-year
player draft, or any reserve clause as applied to minor league players;
(2) the agreement between organized professional major league baseball teams
and the teams of the National Association of Professional Baseball Leagues,
commonly known as the “Professional Baseball Agreement”, the relationship
between organized professional major league baseball and organized
professional minor league baseball, or any other matter relating to organized
professional baseball's minor leagues;
(3) any conduct, acts, practices, or agreements of persons engaging in,
conducting or participating in the business of organized professional
baseball relating to or affecting franchise expansion, location or
relocation, franchise ownership issues, including ownership transfers, the
relationship between the Office of the Commissioner and franchise owners, the
marketing or sales of the entertainment product of organized professional
baseball and the licensing of intellectual property rights owned or held by
organized professional baseball teams individually or collectively;
(4) any conduct, acts, practices, or agreements protected by Public Law 87–
331 (15 U.S.C. § 1291 et seq.) (commonly known as the “Sports Broadcasting
Act of 1961”);
(5) the relationship between persons in the business of organized
professional baseball and umpires or other individuals who are employed in
the business of organized professional baseball by such persons; or
(6) any conduct, acts, practices, or agreements of persons not in the
business of organized professional major league baseball.
(c) Standing to sue
Only a major league baseball player has standing to sue under this section.
For the purposes of this section, a major league baseball player is—
(1) a person who is a party to a major league player's contract, or is
playing baseball at the major league level; or
(2) a person who was a party to a major league player's contract or playing
baseball at the major league level at the time of the injury that is the
subject of the complaint; or
(3) a person who has been a party to a major league player's contract or who
has played baseball at the major league level, and who claims he has been
injured in his efforts to secure a subsequent major league player's contract
by an alleged violation of the antitrust laws: Provided however, That for the
purposes of this paragraph, the alleged antitrust violation shall not include
any conduct, acts, practices, or agreements of persons in the business of
organized professional baseball relating to or affecting employment to play
baseball at the minor league level, including any organized professional
baseball amateur or first-year player draft, or any reserve clause as applied
to minor league players; or
(4) a person who was a party to a major league player's contract or who was
playing baseball at the major league level at the conclusion of the last full
championship season immediately preceding the expiration of the last
collective bargaining agreement between persons in the business of organized
professional major league baseball and the exclusive collective bargaining
representative of major league baseball players.
(d) Conduct, acts, practices, or agreements subject to antitrust laws
(1) As used in this section, “person” means any entity, including an
individual, partnership, corporation, trust or unincorporated association or
any combination or association thereof. As used in this section, the National
Association of Professional Baseball Leagues, its member leagues and the
clubs of those leagues, are not “in the business of organized professional
major league baseball”.
(2) In cases involving conduct, acts, practices, or agreements that directly
relate to or affect both employment of major league baseball players to play
baseball at the major league level and also relate to or affect any other
aspect of organized professional baseball, including but not limited to
employment to play baseball at the minor league level and the other areas set
forth in subsection (b) of this section, only those components, portions or
aspects of such conduct, acts, practices, or agreements that directly relate
to or affect employment of major league players to play baseball at the major
league level may be challenged under subsection (a) of this section and then
only to the extent that they directly relate to or affect employment of major
league baseball players to play baseball at the major league level.
(3) As used in subsection (a) of this section, interpretation of the term “
directly” shall not be governed by any interpretation of section 151 et seq.
of title 29, United States Code (as amended).
(4) Nothing in this section shall be construed to affect the application to
organized professional baseball of the nonstatutory labor exemption from the
antitrust laws.
(5) The scope of the conduct, acts, practices, or agreements covered by
subsection (b) of this section shall not be strictly or narrowly construed.
(Oct. 15, 1914, ch. 323, §27, as added Pub. L. 105–297, §3, Oct. 27, 1998,
112 Stat. 2824.)
References in Text
The antitrust laws, referred to in text, are defined in section 12 of this
title.
Public Law 87–331, referred to in subsec. (b)(4), is Pub. L. 87–331, Sept.
30, 1961, 75 Stat. 732, as amended, which is classified generally to chapter
32 (§1291 et seq.) of this title. For complete classification of this Act to
the Code, see Tables.
Codification
Another section 27 of act Oct. 15, 1914, ch. 323, was renumbered section 28
and is classified to section 27 of this title.
Purpose
Pub. L. 105–297, §2, Oct. 27, 1998, 112 Stat. 2824, provided that: “It is
the purpose of this legislation to state that major league baseball players
are covered under the antitrust laws (i.e., that major league baseball
players will have the same rights under the antitrust laws as do other
professional athletes, e.g., football and basketball players), along with a
provision that makes it clear that the passage of this Act [enacting this
section and provisions set out as a note under section 1 of this title] does
not change the application of the antitrust laws in any other context or with
respect to any other person or entity.”
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1F:推 howard21201: 美國最高院不是已經判過了? 06/26 06:08
2F:→ howard21201: 特殊商業行為 反壟斷法不適用 06/26 06:09
3F:推 abc12812: 怎麼不問AI呢? 06/26 06:09
4F:推 sd2567: 這東西 大法官解釋過了 職業運動要壟斷才能生存 06/26 06:32
5F:→ liaon98: 還能說有獨立聯盟存在 不算壟斷呢 06/26 06:39
6F:推 hanx5566: NBA NFL NHL現在也都薪資上限,還不是沒事 06/26 07:44
7F:→ Anakin: 法院已經多次表示不想處理這個問題,大聯盟無視反壟斷法的 06/26 09:10
8F:→ Anakin: 地位是國會給的,法院要國會自己解決 06/26 09:10
9F:推 duo131: 其實大聯盟不該用....但是那些大老闆跟國會關係就.... 06/26 13:33