Major League Baseball can’t escape an antitrust class action accusing it, the National Hockey League, Comcast Corp. and others of conspiring to thwart broadcasting competition, following the Second Circuit’s refusal to take up an appeal of an order requiring the league to participate in the suit.

In a short Wednesday order denying professional baseball’s petition for a writ of mandamus, an appellate panel rejected the MLB’s argument that it must intervene because a New York federal judge erroneously refused to apply the well-settled baseball antitrust exemption, reports Law 360’s Aaron Vehling in MLB Strikes Out In Bid For 2nd Circ. To Hear Antitrust Row.