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Utah AG: BCS may violate antitrust laws

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It seems as though all schools in the NCAA should have the same opportunities to succeed under the current system, not the freedom to create a new system that better serves them... I have one question for you, do you believe that the NCAA provides a "level playing field" for all it's member schools? I doubt anyone can answer yes to that question and that's were the problem lies IMO...

 

Then you would be OK for the WAC suing ESPN and CBS for their conference not getting televised nationally each week?

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I agree that you can't fault a team for trying to schedule these teams but you sure can't reward them if it doesn't pan out. And I agree about the BCS conference teams getting a pass when they are down but they are the ones bringing in the money.

 

Bringing in the money should not be a factor in determining the NC...

Where the problem comes into play, is that the BCS in itself is doing nothing wrong. The NCAA recognizes the BCS champ as its champion, therefore that's where the wrongdoing is.

 

What are the damages to Utah?

Then you would be OK for the WAC suing ESPN and CBS for their conference not getting televised nationally each week?

 

What angle are you playing here? Of course I don't think it would be ok to sue a company for providing the most appealing and popular product to their customers...

What are the damages to Utah?

Do you think the playing field is level for all NCAA member schools?

Bringing in the money should not be a factor in determining the NC...

It does when the BCS is paying out 15million a game (or what ever the number is).

What are the damages to Utah?

 

If it became a class action law suit, all of the non BCS schools could sign on, and this thing would get nasty.

It seems as though all schools in the NCAA should have the same opportunities to succeed under the current system, not the freedom to create a new system that better serves them... I have one question for you, do you believe that the NCAA provides a "level playing field" for all it's member schools? I doubt anyone can answer yes to that question and that's were the problem lies IMO...

 

Then you would be OK for the WAC suing ESPN and CBS for their conference not getting televised nationally each week?

 

What angle are you playing here? Of course I don't think it would be ok to sue a company for providing the most appealing and popular product to their customers...

 

Define "same opportunities to succeed."

 

I argued that 6 conferences got together and made this work for them. More power to them. You said "all schools in the NCAA should have the same opportunities to succeed under the current system...." You seem to be saying all has to be even and "fair" when in reality its each conference who determines their own path. So, if things should be even or if conferences should "have the same opp to succeed" then you would seem to be saying these big conferences can't gain a financial advantage by having bigger TV contracts.

 

Who exactly would be sued in your mind?

Do you think the playing field is level for all NCAA member schools?

 

All conferences have the chance to put a product together that would entice both TV and bowl committees to need their inclusion.

If it became a class action law suit, all of the non BCS schools could sign on, and this thing would get nasty.

 

Who are they going to sue? Isn't the NCAA just going to say "create your own post-season pool of conferences and have at it?""""

 

What is stopping these conferences from doing that? Its certainly not the NCAA.

Do you think the playing field is level for all NCAA member schools?

No, I don't. Utah gets to play in the Mountain West and UK has to play in the SEC.

 

I know what you are getting at all things will never be equal. And unless they are someone will always have a gripe.

Again, I'm no legal expert but I don't see how the govt can force the hand here. Has the NCAA forbidden other conferences from forming their own BCS? Or is it the marketplace that would not support it?

 

I get that Utah does not have the same chance to earn the money the teams from ther other 6 do but, again, as far as I know the NCAA is not restricting Utah, Boise, and others from forming their own BCS .

 

So, if I'm right in my assumptions, why should the govt force the hands of these 6?

 

The issue isn't with the NCAA, it's with the BCS. The legal justification is that the BCS violates Anti Trust Laws. While the issue of anti trust is complex, it basically is a set of laws put into place to ensure that monopolistic situations don't occur in business. When they do it gives the monopoly an unfair advantage. Monopoly doens't mean that you have to have 100% of the business only enough so that it makes it difficult for competitors to have a realistic chance of competing. The Federal government has stepped in many times through the years in cases like Standard Oil, Bell Telephone, and Microsoft. The Federal governement also recognizes that sports leagues can violate Anti Trust Laws, which is why they have given the NFL an anti trust exemption.

 

It would seem like the uneven distribution of money and the diffiuculty of the non BCS conferences to earn BCS money would at least raise a question of anti trust violations.

 

As for spending tax payer money, if the suit is successful the state of Utah could potentially enjoy a far greater windfall in the future as well as any damages that may be awareded (which are trebled in anti trust cases).

 

As for Notre Dame they do have an automatic berth that would seem to be easier to acheive than going 12-1 or 12-0 in the SEC...

The issue isn't with the NCAA, it's with the BCS. The legal justification is that the BCS violates Anti Trust Laws. While the issue of anti trust is complex, it basically is a set of laws put into place to ensure that monopolistic situations don't occur in business. When they do it gives the monopoly an unfair advantage. Monopoly doens't mean that you have to have 100% of the business only enough so that it makes it difficult for competitors to have a realistic chance of competing. The Federal government has stepped in many times through the years in cases like Standard Oil, Bell Telephone, and Microsoft. The Federal governement also recognizes that sports leagues can violate Anti Trust Laws, which is why they have given the NFL an anti trust exemption.

 

It would seem like the uneven distribution of money and the diffiuculty of the non BCS conferences to earn BCS money would at least raise a question of anti trust violations.

 

As for spending tax payer money, if the suit is successful the state of Utah could potentially enjoy a far greater windfall in the future as well as any damages that may be awareded (which are trebled in anti trust cases).

 

As for Notre Dame they do have an automatic berth that would seem to be easier to acheive than going 12-1 or 12-0 in the SEC...

 

Again, if your point about non-BCS conferences not earning as much money as BCS conferences is justification for anti-trust then it would seem that the SEC contract with CBS would be targeted as well by Utah et al.

 

In my mind, the BCS is no different than a power conference. They're set up well and they get bigger rewards. Just like no one is stopping the WAC from putting a better product on the field thus giving the increased chance of prestige, recognition, and $$ I don't see how these 6 BCS conferences are stopping them from forming their own group and competing for TV $$.

 

What am I missing here?

Again, if your point about non-BCS conferences not earning as much money as BCS conferences is justification for anti-trust then it would seem that the SEC contract with CBS would be targeted as well by Utah et al.

 

In my mind, the BCS is no different than a power conference. They're set up well and they get bigger rewards. Just like no one is stopping the WAC from putting a better product on the field thus giving the increased chance of prestige, recognition, and $$ I don't see how these 6 BCS conferences are stopping them from forming their own group and competing for TV $$.

 

What am I missing here?

 

The SEC on its own getting a TV contract doesn't violate anti trust laws because it's ONLY the SEC.

 

Anti Trust Violations occur when more than one big business either combines, partners or colludes to control the marketplace, which is exactly what the BCS has done. They, as a group, have signed exclusive deals with the most lucrative bowls to divy big money to those collective power conferences.

 

I don't know if it is anti trust or not, it would take a lawyer with specific anti trust experience to offer an education opinion. BUT it would seem on the surface that the basic conditions have been met to at least examine the issue.

 

I really think if you would divorce yourself from your view for a minute and look at the fact that you would agree there is the potential for Anti Trust in this situation.

 

By the way, while it doesn't relate to the anti trust case, here's an article by Rick Rielly, who makes a case for Utah as National Champs. http://sports.espn.go.com/espnmag/story?id=3815656

The SEC on its own getting a TV contract doesn't violate anti trust laws because it's ONLY the SEC.

 

Anti Trust Violations occur when more than one big business either combines, partners or colludes to control the marketplace, which is exactly what the BCS has done. They, as a group, have signed exclusive deals with the most lucrative bowls to divy big money to those collective power conferences.

 

I don't know if it is anti trust or not, it would take a lawyer with specific anti trust experience to offer an education opinion. BUT it would seem on the surface that the basic conditions have been met to at least examine the issue.

 

I really think if you would divorce yourself from your view for a minute and look at the fact that you would agree there is the potential for Anti Trust in this situation.

 

By the way, while it doesn't relate to the anti trust case, here's an article by Rick Rielly, who makes a case for Utah as National Champs. http://sports.espn.go.com/espnmag/story?id=3815656

Like Clyde said, what is stopping the mid majors from forming their own championship series? They choose to participate in the BCS system, ride the coat tails of the big boys, collect the money then complain. Don't like it, form your own series and provide a better product.

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