Anti-Trust Violation by P5 Conferences and NCAA

[Johnny Utah]

Well, when Utah threatened suit via Orin Hatch, Utah certainly wasn't blackballed or locked out in retaliation. In fact the opposite occurred with a reward of a PAC invite. If P-5 didn't think Orin Hatch's suit talk had validity, they would have never rewarded Utah. So, SMU leading the charge in terms of threatening suit in my opinion isn't going to screw SMU.

In any event, I just don't see a scenario where the big Universities are sued by roughly 60 schools and lose. Can't lobby the Supreme Court. And as far as legislation, just count the senators in States with D-1 schools who are left out versus the State senators that have schools in the p-5.

[ponyte]

I don't know how the other courts would rule as this is one judge's decision. The Appeals Court level decision would be a much better guide.

That said, I do think the two tired system the P5 and NCAA are setting up will be legally challenged and the results will be very interesting.

[Stallion]

The NCAA is on about a 5 lawsuit losing streak with regard to Sherman Anti-Trust and they are always going to be vulnerable without a legislative exemption. The Supreme Court has already provided a roadmap for lawsuits against the NCAA. I think in the O'Bannon case they waived past damages because of proof problems but generally if you prove your case you get statutory treble damages. I know NCAA really got hit hard with treble damages in the unpaid assistant lawsuit.

[Nacho]

some conferences are more equal than others.

[EastStang]

At this point what is to prevent SMU from paying more than these $2000 per year per player or Alabama for that matter? If we get to a bidding war mentality, college football becomes a defacto professional league. In which case, Alabama, A&M, UT, etc. might as well just form a pro-league. Call it the Elite League, put in a token union so you can fix salaries with fictitious salary caps and go at it. We'll be on the outside looking in, unless we decide to outbid the other schools in a rogue fashion (like some of the independent hockey leagues floating about). Forget the idea of student athletes, pay taxes, and everyone goes on their merry way. The NFL would have continue to have a minor league system without contributing a dime, so they'd be happy. And we'd be screwed.