California Antitrust Cartwright Act not applicable to interstate activities because burden on interstate commerce outweighed state interests
How later courts described this case
- California Antitrust Cartwright Act not applicable to interstate activities because burden on interstate commerce outweighed state interests
- state antitrust laws inapplicable to national football league
Written by the judges who cited it.
The opinion
MOSK, J., Concurring.
I have signed the majority opinion, under compulsion of Flood v. Kuhn (1972) 407 U.S. 258 [ 32 L.Ed.2d 728 , 92 S.Ct. 2099 ].
Though keenly aware of the need to vigilantly enforce the Cartwright Act, I cannot accept the unique theory of the dissent that professional baseball and professional football are governed by different law. Though the playing fields are of different configuration, the balls of a different shape, the equipment and uniforms of a varying appearance and the method of scoring inconsistent, both baseball and football are for all practical purposes identical coast to coast sporting ventures seeking a combination of glory and financial reward.
While I might not rhapsodize as effusively about baseball lore as did Justice Blackmun in Flood (supra, pp. 260-264 [32 L.Ed.2d pp. 732-734]), I am bound by the decision in that case and believe despite some dictum (id., p. 283 [ 32 L.Ed.2d at p. 744 ]) that it must be applied equally to professional football. If a great outfielder like Curt Flood is barred by the United States Supreme Court from state antitrust protection, an outstanding gridiron performer like Dennis Partee must suffer the same fate.