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Thursday, November 04, 2010
U.S. Department of Justice Weighing Antitrust Suit Against the BCS

The Salt Lake Tribune is reporting that Utah Attorney General Mark Shurtleff, a long-time critic of the Bowl Championship Series, met yesterday with officials from the U.S. Department of Justice regarding a potential antitrust suit against the BCS. Following the meeting, Shurtleff said he was "blown away" by the government's due diligence on the issue, and found it hard to imagine a scenario where either the state or federal government did not file suit against the BCS. He noted however that he believed the DOJ would be best positioned to challenge the BCS in court, not only due to the likely cost of such a suit, but "because AGs from around the nation often represent the major universities in their states and it is the college presidents who make up the BCS."

For more on Shurtleff's meeting with the Justice Department, click here. For more on the strength of potential antitrust claims against the BCS, please see my forthcoming law review article.


There are currently two legal debates surrounding college football: the bcs anti-trust and whether the NCAA should pay its athletes.

I have a question related to both of these topics that could be way off base. If the DOJ pursues the BCS and determines that they are engaging in commercial activities as determined by Section 2 of the Sherman Act, does that then mean that all BCS associated institutions or at least their athletic departments are also engaging in commercial activities? If that is true, then are NCAA athletes really amateur athletes and should they be paid for their play?

Anonymous Logan Smith -- 11/29/2010 12:41 PM  

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