Clayton Antitrust Act of 1914 (38 Stat. 730, original Statutes-at-Large extract)
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The Clayton Antitrust Act of 1914, the second-pillar federal antitrust statute (supplementing the Sherman Act of 1890). Most directly baseball-relevant provision: Section 6 ('The labor of a human being is not a commodity or article of commerce') and Section 20 — these are the labor-exemption provisions that distinguish union activity from anti-competitive combination. The Clayton Act extends antitrust law to additional anti-competitive practices (price discrimination, exclusive dealing, mergers that may substantially lessen competition) and creates private rights of action with treble damages. For baseball: the line distinguishing an MLB-MLBPA labor dispute as 'antitrust' versus 'labor' is fundamentally a Clayton Act Sec. 6 / Sec. 20 distinction. The Curt Flood Act of 1998 (in this archive) restored Clayton Act and Sherman Act coverage to major league player employment matters specifically.
Background
Doctrinal context: the MLBPA's ability to engage in strike activity without antitrust liability traces to Clayton Act Sec. 6 + Sec. 20 plus the Norris-LaGuardia Act. The 1922 Federal Baseball SCOTUS decision predated this analysis (baseball was held not 'interstate commerce' at all, so neither the Sherman nor Clayton Act applied). The post-1972 Flood / Curt Flood Act framework restores Clayton/Sherman coverage to player employment matters specifically. Original primary-source form: this PDF is from the U.S. Statutes at Large vol. 38, p. 730 — the actual published session-law text, not the modern compiled version.
Key provisions
- Sec. 2: Price discrimination prohibitions (Robinson-Patman amendments came later in 1936).
- Sec. 3: Exclusive dealing and tying arrangements.
- Sec. 6 ['labor of a human being is not a commodity']: Labor organizations and their members are NOT to be construed as illegal combinations or conspiracies in restraint of trade under the antitrust laws. Foundational labor-exemption language.
- Sec. 7: Anti-merger provision (later amended by Celler-Kefauver Act 1950).
- Sec. 8: Interlocking directorate prohibitions.
- Sec. 20: Restrictions on injunctions in labor disputes (limited by later case law and the 1932 Norris-LaGuardia Act).
Further context
Clayton Antitrust Act of 1914
Second-pillar federal antitrust statute. Most baseball-relevant for the Sec. 6 / Sec. 20 labor exemption that protects union activity from antitrust attack.
Source: original Statutes at Large vol. 38 page 730 extract (Public Law 63-212).
References
- Primary source: uslaw.link — U.S. Government Publishing Office (Statutes at Large extract), retrieved 2026-05-18.
- Confirmation source: uslaw.link — uslaw.link.
- File fingerprint: SHA256 502f1285c6d9ef63341dd708ade3ab738f5a7670fcf8390a63e5a3a0f561d84f.
Evidence trail
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File integrity
- SHA256
502f1285c6d9ef63341dd708ade3ab738f5a7670fcf8390a63e5a3a0f561d84f- Filename
1914-10-15_legislation_clayton-antitrust-act-38-stat-730.pdf- Format
- PDF · 11 pp · 526 KB
- Retrieved
- 2026-05-18 by
claude/cowork-9167cb28 (uploaded by alex) - Primary URL
- https://uslaw.link/citation/us-law/public/63/212
Confirmation sources (1)
| Publisher | Retrieved | URL | Notes |
|---|---|---|---|
| uslaw.link | 2026-05-18 | https://uslaw.link/citation/us-law/public/63/212 |
Most recent status change
needs_review on 2026-05-18 by claude/cowork-9167cb28.
**Phase 1 wantlist hit cleared.** Original Statutes-at-Large vol. 38 page 730 extract of the Clayton Antitrust Act.