BLOG.SPORTSLAWTALK.COM: Finley v. Kuhn, Part IV- Behold The Power Of The Commissioner

Finley v. Kuhn, Part IV- Behold The Power Of The Commissioner

July 16, 2009　

After Charles O. Finley’s defeat in District Court it was off to the Seventh Circuit of the US Court of Appeals. Finley continued to argue that the Commissioner had exceeded his power, that there was a restraint of trade question, as well as the antitrust issues raised in the matter.

Bowie Kuhn argued that with the birth of free agency that wealthy teams would begin to control all the talent in the game. Kuhn maintained he had to use his powers as Commissioner to maintain the competitive balance of the game.

The court ruled in favor of Major League Baseball and Commissioner Bowie Kuhn. The ruling states, "The Commissioner has the authority to determine whether any act, transaction, or practice is not within the best interest of baseball, and upon such determination, to take whatever preventative or remedial action he deems appropriate, whether or not the act, transaction, or practice complies with the Major league Rules or involves moral turpitude

The court deemed that the commissioner has broad powers. With respect to the antitrust issues, the court refused to reverse or limit the exemption that Baseball was granted in 1922. Finally, according to the Major League Agreement, team owners waived the right to sue the Commissioner over his decisions . This was problematic for Finley since he had signed this agreement.

Finley had struck out, and with the advent of free agency the A’s would not regain their lofty status of the early and mid 1970’s. Finley did not take the case to the Supreme Court and by 1981 he had sold the A’s.

Bowie Kuhn, had, for awhile, ascended to the level of power formerly wielded by the formidable Judge Kenesaw Mountain Landis.

Known for his great all court game, Gasquet also excels at defense- a kiss defense.

http://www.theaustralian.news.com.au/story/0,25197,25789973-2722,00.html