Utah AG May Sue BCS

[ponyte]

One could think that the AG of a state, with the potential to bring criminal charges and has the power of subpoena (in a criminal case) would present to the BSC a significant threat. Unlike an SMU or other non BSC schools, criminal charges and the goobernment's ability to subpoena in a criminal case could put pressure on the BSC.

I honestly think this is a bunch of chest pounding as in a Tarzan movie. AGs seem to have bigger issues (like getting enough attention to get elected to Goobernor) than whether or not the BSC has a playoff system. One doubts that saber rattling at the BSC is significant enough to get the AG the votes needed to move into the goobernor’s mansion. Once the AG finds a juicy case that packs real emotional appeal, he will drop this like a hot potato and move on.

[Stallion]

a contract that violates the Sherman Anti Trust Act is an illegal restraint of trade and will be struck down by the Courts and Defendants are subject to treble damages. The BCS Bowls and every bowl with a conference tie-in would likely be part of the conspiracy-you don't have to participate in each part of a conspiracy to violate the Sherman Anti-Trust Act-you just have to have an understanding of the common purpose of the conspiracy and action in conformity therewith.

[ponyte]

a contract that violates the Sherman Anti Trust Act is an illegal restraint of trade and will be struck down by the Courts and Defendants are subject to treble damages. The BCS Bowls and every bowl with a conference tie-in would likely be part of the conspiracy-you don't have to participate in each part of a conspiracy to violate the Sherman Anti-Trust Act-you just have to have an understanding of the common purpose of the conspiracy and action in conformity therewith.

Does this mean the AG may have a legal ground to procede despite all the contract agreements withthe BSC by non-BSC BSC teams?

[Stallion]

Yep-striking down agreements including contracts in restraint of trade is one of the chief goals of the Sherman Anti-Trust Act.

[ponyte]

Yep-striking down agreements including contracts in restraint of trade is one of the chief goals of the Sherman Anti-Trust Act.

So maybe this clown is doing more than just pounding his chest like Tarzan. How refreshing that would be.

[jtstang]

Local story:

http://www.deseretnews.com/article/1,51 ... 78,00.html

[HB Pony Dad]

you need an upgrade HB

I drank up the "Blue Label" before Thad showed and wouldn't let him break into the "Gold Label".

He was restricted to "Black Label", Makers Mark, and Bushmill's 10 Year Old Single Malt all of which he dented quite well!

[EastStang]

The Supreme Court has ruled that the schools own their TV and bowl rights. The schools have contracted that right to their conferences. Their conferences have contracted that right to the BCS. Those contracts are combinations in restraint of trade. The possibility would be that a school could complain that their Conference violated the Sherman Act by joining the BCS and that they are a victim more than a co-conspirator. I personally think that a school from the Sun Belt, the MAC, or CUSA have more of an argument on this since they have never participated in BCS money whereas schools from the MWC and WAC have. So, for my two cents, Utah will lose because they participated and accepted the fruits of the conspiracy. The best plaintiffs in this would be Navy and Army. They would have the Justice Department representing them against the BCS. That would be worth the price of admission. But I still thik that Rice, Tulsa and Tulane could make a good argument on this. SMU couldn't because we haven't been bowl eligible. Tulane was hosed in their undefeated season. Tulsa has been the conference champ. I don't think that USM, UCF, UAB, ECU, UTEP, UH, Memphis, and Marshall could make as good of an argument since they are state schools who have other state schools who do participate fully in the BCS thus causing their AG's to have well a conflict of interest.

[ponyte]

Another question for the legal beagles. The AG is a state official, not a federal official yet he is looking into a possible federal violation. Where would jurisdiction be in this case if it precedes that far?

[Stallion]

CUSA is just as much a part of the BCS agreement as the MWC and WAC are. All Division 1A conferences get a slice albeit small slice of the BCS contract in the form of a check written to each respective conference-EVEN IF THEY DON'T APPEAR IN A BCS GAME. I'd bet you that a lawsuit would at least result in a settlement that would probably mean the addition of one more BCS bowl(probably the Cotton Bowl) and one more at large team. You might strike down the whole stack of cards if you had the balls and money to take the case up the appellate ladder.

[jtstang]

It would be in federal court eventually I bet, either filed there initially or removed from state court on federal question and/or diversity grounds.

[Stallion]

The Sherman Anti-Trust Act provides for a variety of possible plaintiffs to have standing to enforce its provisions-not just the State Attorney Generals or the Justice Department but also aggrieved parties who have directly suffered damages. However, you hit the jack-pot when you can convince a State Attorney General or US Justice Department to intervene as a party Plaintiffs seeking to enforce either a State Anti-Trust or Federal Antitrust Law.

[EastStang]

Stallion, I agree with you, its just that its unlikely that CUSA, MAC or SBC will ever realize a big check and thus schools like Rice, Tulane, SMU or Tulsa (who are private) would have a better argument to say that this is a restraint of trade as opposed to a playoff system or even the old bowl system whereby your merit is earned on the field not by your economic strength. Heck some Bowl brands have been devalued by this conspiracy. The Cotton Bowl used to be a major bowl, now by arbitrary ruse its an afterthought. Yeah, they get a team from the SEC and from the Big XII but those are conference contracts not BCS contracts and the bowl is not included in the BCS bowl package. The Cotton Bowl might have the best standing to bring this action.

[ponyte]

The possibilities are getting more and more interesting. I am almost bordering on expectation now instead of mere hope.

[jtstang]

The possibilities are getting more and more interesting. I am almost bordering on expectation now instead of mere hope.

Easy there man.