lubs to restrain competition among themselves. (Roberts, 140)
             Section 2 of the Sherman Act is AEvery person who shall monopolize, or attempt to monopolize any part of the trade or commerce among the several States, or with foreign nations shall be deemed guilty of a felony . . .." Antitrust litigation of Section 2 is brought into professional sports cases where young, struggling leagues alleged the older and more established leagues either monopolized or attempted to monopolize some parts of the sports entertainment market. (Roberts, 136)
             These sections of the Sherman Act are the mechanisms of judicial scrutiny used in all professional sports antitrust litigation, except baseball. Professional baseball has been the only industry in the United States that is exempt from the antitrust laws without being subject to alternative regulatory supervision. This exemption to antitrust laws has been since its formation.
             Baseball's birth in the United States was in the mid-1800. It emerged within an environment of growing monopolies. Republican economics dominated and provided high tariffs that generated revenue for the government and provided public subsidies to big business. This permitted formation of large, tax-free individual fortunes. These enormous fortunes were the contribution of the Republican=s policy to promote growth of big business and trusts grew rapidly. The tariff was seen as the Amother of the Trusts@ for it represented subsidizing business more than any other government program, which generated huge profits and frustrated competition. (Synder, 10). In 1865, the Courts played a significant role in protecting these new big businesses by ruling the income tax was unconstitutional in 1865. (Synder 10, 11) It was a Aperiod of unprecedented economic and industrial growth@ wherein the Aflourishing of professional sports was an integral part.@ (Synder, 11)
             The political and economic climate in which baseball emerged...