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I am honored to participate in this commentary on the Curt Flood Act of 1998.1 I shall not, however, provide a detailed analysis of its provisions. Instead I Will reflect upon my reactions to the Act. To be honest, I am disappointed. Negotiated by the Major League owners and the Major League Baseball Players Association through collective bargaining and modified by Congress, the Act is certain to become a staple of legislative drafting courses for decades. As others in this commentary may have stated, it is as notable for what it purports to do as for what Congress purports it does not do. The Act confers standing on major league baseball players to sue under the antitrust laws, does not otherwise change the extent to which the business of baseball is exempt from the antitrust laws, whatever it or its source may be, and declines to confer such standing on minor league baseball players even though they may have this 'standing' anyway.

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Marquette Sports Law Review



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