Curiously, the courts have almost totally exempted professional baseball and have provided specialized exemptions for other amateur and professional sports organizations from antitrust actions on the strange doctrine that they are not in interstate commerce because sporting events are "entertainment, not business." Thus, the NFL, NBA, NCAA, AAU, and a variety of other associations in our multibillion-dollar sports industry are reasonably free to collude against their employees, potentially competitive organizations, or each other. These exemptions are, however, increasingly under attack in the courts.
Normally, more tightly regulated is an industry, the greater is its exemption from antitrust laws. For example, public utilities and cable television monopolies are seldom challenged, because their rights to monopolize are recognized and their rate structures are regulated. Because regulatory agencies presumably express the public interest, exemption from antitrust laws seems sensible to allow the public to realize any gains from cooperation among regulated firms.