Sherman Antitrust Act of 1890 (govinfo COMPS compilation, as amended through P.L. 108-237)

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Needs review. This document is in the archive but has not yet been confirmed against a second independent source. Per editorial standards, only verified documents should be cited as authoritative. Use this page for reference, but cross-check against the linked source(s) before citing.

The foundational federal antitrust statute that baseball was exempted from by the 1922 Federal Baseball Club v. National League SCOTUS decision (also in this archive). Section 1 declares every contract, combination, or conspiracy in restraint of interstate trade or commerce illegal. Section 2 makes monopolization a crime. The Sherman Act is the textual ancestor of every subsequent federal antitrust statute. Baseball's antitrust exemption — a foundational structural feature of MLB's business model — is fundamentally an exemption from this statute. govinfo COMPS compilation: this version includes amendments through P.L. 108-237 (the 2004 update). The original 1890 text is at 26 Stat. 209.

Background

Doctrinal context: baseball's antitrust exemption is, technically, an exemption from this statute. The Federal Baseball SCOTUS ruling (1922), Toolson (1953), Flood (1972), and the Curt Flood Act (1998) all turn on the application or non-application of this statute to MLB. The 'exemption' is technically a series of judicial constructions narrowing what 'interstate commerce' means as applied to baseball, plus a partial statutory restoration via the 1998 Flood Act (covering only major league player employment matters).

Key provisions

  • Sec. 1: 'Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal.'
  • Sec. 2: Every person who shall monopolize, or attempt to monopolize... shall be deemed guilty of a felony [originally misdemeanor; amended 1974, 2004].
  • Penalties (current): Up to 10 years' imprisonment for natural persons; fines up to $100M (corporations) or $1M (individuals) per offense.

Further context

Sherman Antitrust Act of 1890 (govinfo COMPS compilation)

The foundational federal antitrust statute. Baseball's antitrust exemption is fundamentally an exemption from this statute.

Source: govinfo.gov COMPS-3055 compilation (as amended through P.L. 108-237, 2004). 3 pages.

Companion docs in archive: 1-page Sherman Act handout, Clayton Act (1914), Sports Broadcasting Act (1961), Federal Baseball Club v. NL (1922).

References

  1. Primary source: govinfo.gov — U.S. Government Publishing Office (govinfo COMPS compilation), retrieved 2026-05-18.
  2. Confirmation source: govinfo.gov — govinfo.gov (GPO).
  3. File fingerprint: SHA256 4d291f599921402df292bebf8a33849013e10968296f668f2791d541b8848700.

Evidence trail

Per archive editorial standards §1.3 and §1.4, verified documents require two independent confirmation sources and an archive.org snapshot. This panel is the integrity record the archive holds for this document.

File integrity

SHA256
4d291f599921402df292bebf8a33849013e10968296f668f2791d541b8848700
Filename
1890-07-02_legislation_sherman-antitrust-act-comps.pdf
Format
PDF · 3 pp · 116 KB
Retrieved
2026-05-18 by claude/cowork-9167cb28 (uploaded by alex)
Primary URL
https://www.govinfo.gov/content/pkg/COMPS-3055/pdf/COMPS-3055.pdf

Confirmation sources (1)

Publisher Retrieved URL Notes
govinfo.gov (GPO) 2026-05-18 https://www.govinfo.gov/content/pkg/COMPS-3055/pdf/COMPS-3055.pdf

Most recent status change

needs_review on 2026-05-18 by claude/cowork-9167cb28.

**Phase 1 wantlist hit cleared.** Sherman Antitrust Act of 1890, govinfo COMPS compilation (as amended through 2004). Companion 1-page Sherman Act handout from archive.org also in archive.

Source provenance