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CNN: Justice Dept. has 'serious questions' for NCAA on college bowl process


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Justice Dept. has 'serious questions' for NCAA on college bowl process

(CNN) -- In a letter to the NCAA disclosed Wednesday, the Justice Department said it has received several requests for an antitrust investigation into the current Bowl Championship Series system, and it wants information to help it decide what to do.

That controversial system makes it very difficult for teams in some athletic conferences to qualify for major bowl games, potentially costing millions of dollars in revenue to those not chosen.

"Serious questions continue to arise suggesting that the current BCS system may not be conducted consistent with the competition principles expressed in federal antitrust laws," Assistant Attorney General Christine Varney told NCAA President Mark Emmert.

The decision to release the letter came hours after Sen. Orrin Hatch, R-Utah, a major opponent of the current system, demanded further consideration of the issue in a face-to-face appearance with Attorney General Eric Holder at a Senate Judiciary Committee hearing.

Holder responded by disclosing the Justice Department had sent a letter to the NCAA on the issue Tuesday.

In her letter, Varney asked Emmert to explain why college football does not have a playoff when so many other college sports do. She also asked what steps, if any, the NCAA has taken to create a playoff, and whether the NCAA has determined that there are aspects of the BCS system that do not serve interests of fans, colleges, universities, and players.

Officials acknowledge the NCAA is not legally required to respond, although lawyers following the case expect the association to do so.

Antitrust lawyers have been watching the debate grow for more than two years, to see whether the Justice Department will jump into the case.

One antitrust expert who declares himself neutral in the case says he doubts Justice will launch a probe because it has a full plate of more pressing issues.

"There is a problem, but not an antitrust problem," said Gordon Schnell of the New York firm Constantine Cannon. A court could never require a football playoff, but they could break up the current BCS system, he said.

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I hope this goes better than Congress' take on the art of grilling NCAA officials:

"Is there, sir, or is there not, any possible way, under any imaginable circumstances, for my reelection campaign to be extraordinarily well compensated by you, in return for ignoring this incestuous clambake you call a football postseason?"

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agreed. completely. In this era of crisis after crisis, how our government feels that things like this are a priority is way beyond rational thought

Because apparently our government can only do one thing at a time? How many millions of dollars are at stake in the BCS? This is no different than any other anti-trust case which should be rightfully investigated.

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Because apparently our government can only do one thing at a time? How many millions of dollars are at stake in the BCS? This is no different than any other anti-trust case which should be rightfully investigated.

There are certainly more than one crucial item that would absolutely take priority over this. While I'd agree its an issue to some degree, I would rate it as one of the lowest priorities out there when viewing reality around us.

---------- Post added May-5th-2011 at 11:49 AM ----------

And just so we're clear, I HATE, HATE, HATE the BCS.

Me too.

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agreed. completely. In this era of crisis after crisis, how our government feels that things like this are a priority is way beyond rational thought

There are hundreds of employees at The Justice Department. I assume one or two of them can look at the tens of millions of dollars being funneled through publicly-funded universities thanks to large contracts with broadcasters using publicly-owned airwaves.

I hate the argument of "There are more important things."

Tell me the priorities the Justice Department should have in order: 1) Terrorism, 2) Organized Crime, 3) Financial Crimes, 4) Drug Rings.

Which is is most important and least important? And should we remove all resources from the least important matter until the top matter is resolved to your satisfaction.

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There are hundreds of employees at The Justice Department. I assume one or two of them can look at the tens of millions of dollars being funneled through publicly-funded universities thanks to large contracts with broadcasters using publicly-owned airwaves.

I hate the argument of "There are more important things."

Tell me the priorities the Justice Department should have in order: 1) Terrorism' date=' 2) Organized Crime, 3) Financial Crimes, 4) Drug Rings.

Which is is most important and least important? And should we remove all resources from the least important matter until the top matter is resolved to your satisfaction.[/quote']

Totally agree! Everyone who doesn't like this type of investigation makes it sound like the entire working force of the Federal government has been re-focused on investigating the BCS. It's the same logic that says Obama shouldn't be going on "vacation" or telling jokes about Trump when in reality he was already planning the Osama raid. Heck we as people can multi-task and we're just individuals, how much more can the full force of the government multi-task?

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Totally agree! Everyone who doesn't like this type of investigation makes it sound like the entire working force of the Federal government has been re-focused on investigating the BCS. It's the same logic that says Obama shouldn't be going on "vacation" or telling jokes about Trump when in reality he was already planning the Osama raid. Heck we as people can multi-task and we're just individuals, how much more can the full force of the government multi-task?

actually, no one who has posted that it's not a good use of Federal resources has claimed nor even hinted that the "entire Federal government" is focused on this. Not even one.

Yes, the government should multitask....and they do so on issues that have more weight on current crises rather than shooting for silly emotional popularity items like sports.

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actually, no one who has posted that it's not a good use of Federal resources has claimed nor even hinted that the "entire Federal government" is focused on this. Not even one.

Yes, the government should multitask....and they do so on issues that have more weight on current crises rather than shooting for silly emotional popularity items like sports.

So, if you are Boise State and you are literally losing millions of dollars annualy because of a corrupt system, you should have no recourse because there's more important stuff to worry about?

To me, this is PRECISELY the sort of thing that the Justice Department should spend 75 percent of its time on. Instituions with hundreds of millions of dollars in endowments are teaming with networks worth billions of dollars to use the public airways in a manner that further enriches both to the detriment of smaller institutions not in the club and to the frustration of the American public.

Granted, I would rather start with Goldman Sachs, but this is a step in the right direction.

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I've honestly gone the opposite direction. I went from wondering how on Earth college football doesn't have an 8-team playoff to being so disgusted by the politicians that are using this as a wedge issue for TV soundbites that I hope that the BCS crushes these lawsuits (real or threatened) on principle.

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So' date=' if you are Boise State and you are literally losing millions of dollars annualy because of a corrupt system, you should have no recourse because there's more important stuff to worry about?

To me, this is PRECISELY the sort of thing that the Justice Department should spend 75 percent of its time on. Instituions with hundreds of millions of dollars in endowments are teaming with networks worth billions of dollars to use the public airways in a manner that further enriches both to the detriment of smaller institutions not in the club and to the frustration of the American public.

Granted, I would rather start with Goldman Sachs, but this is a step in the right direction.[/quote']

sounds like Boise state needs to first take it up with the NCAA and then file a civil suit upon the NCAA ruling if they find it unfair.

Personally, I'd prefer our JD to focus on, I dont know....CRIME

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So' date=' if you are Boise State and you are literally losing millions of dollars annualy because of a corrupt system, you should have no recourse because there's more important stuff to worry about?

To me, this is PRECISELY the sort of thing that the Justice Department should spend 75 percent of its time on. Instituions with hundreds of millions of dollars in endowments are teaming with networks worth billions of dollars to use the public airways in a manner that further enriches both to the detriment of smaller institutions not in the club and to the frustration of the American public.

Granted, I would rather start with Goldman Sachs, but this is a step in the right direction.[/quote']

Exactly, this monopoly needs to be blown up...in a completely legal sense as not to be confused with actual acts of violence and bombs or other weapons.

---------- Post added May-5th-2011 at 12:45 PM ----------

sounds like Boise state needs to first take it up with the NCAA and then file a civil suit upon the NCAA ruling if they find it unfair.

Personally, I'd prefer our JD to focus on, I dont know....CRIME

Monopolies are against the law. Or are we now just picking which laws we want enforced?

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Exactly, this monopoly needs to be blown up...in a completely legal sense as not to be confused with actual acts of violence and bombs or other weapons.

---------- Post added May-5th-2011 at 12:45 PM ----------

Monopolies are against the law. Or are we now just picking which laws we want enforced?

If there is a monopoly, how has the system survived for so long without the feds already getting involved before now? The surplus and peace years seem to have been a much more opportune time to investigate something like this.

If its a monopoly, then it should have been handled long ago.

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sounds like Boise state needs to first take it up with the NCAA and then file a civil suit upon the NCAA ruling if they find it unfair.

Personally, I'd prefer our JD to focus on, I dont know....CRIME

I don't think suing the NCAA would do anything to the BCS since the BCS is not the NCAA. You can't sue the NCAA to force a playoff. The NCAA can't stop the BCS as it is currently structured. I don't think there is anything civially actionable here.

---------- Post added May-5th-2011 at 11:49 AM ----------

If there is a monopoly, how has the system survived for so long without the feds already getting involved before now? The surplus and peace years seem to have been a much more opportune time to investigate something like this.

If its a monopoly, then it should have been handled long ago.

The BCS has only survived for - what - ten years? That's not that long.

I think the issue here is you think the BCS and the NCAA are the same thing. Which they aren't.

The reason the Justice Department is looking at the NCAA is it is getting tv money from this cabal.

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It would be funny if the Big 6 conferences say screw it and go back to the old system and just use polls. Undefeated Boise State can go play on December 23rd in the Vegas Bowl and kiss any BCS money goodbye.

The Big 6 conferences are not going to give up the tens of millions of dollars that the BCS puts in their pockets out of spite.

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If there is a monopoly, how has the system survived for so long without the feds already getting involved before now? The surplus and peace years seem to have been a much more opportune time to investigate something like this.

Because until this last year there was not a legitimate Champion contender like Boise State that had an actual shot at the national title, but now they were denied because of the size of the school and the potential money that them being in the national title game would have brought in through revenue, which is part of the BCS system. Imagine if NCAA basketball had this system, Butler would never have been in the title game because they aren't a big enough school. The BCS rules don't allow for smaller schools to be in the championship game because they don't bring in enough money, instead the championship game is reserved for the best teams from the biggest $$ schools. That's wrong.

If its a monopoly, then it should have been handled long ago.

So by your logic, because it wasn't handled before means that it shouldn't be handled now?

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I don't think suing the NCAA would do anything to the BCS since the BCS is not the NCAA. You can't sue the NCAA to force a playoff. The NCAA can't stop the BCS as it is currently structured. I don't think there is anything civially actionable here.

I didnt say sue the NCAA. I actually meant to sue the BCS

---------- Post added May-5th-2011 at 11:49 AM ----------

The BCS has only survived for - what - ten years? That's not that long

It's been around since 1998. One of the best years that the JD could have resourced to investigate a monopoly. Much better than our current circumstances.

.

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Fine by me. It's a terrible system and there's hundreds of millions of dollars and futures at stake.

Then you look at situations like Pete Carroll who cheated, and then took off for an NFL contract just before the hammer came down. He's riding high, while players he recruited under pretense of being bowl eligible and playing for an annual football power with plenty of TV exposure are left holding the bag full of punishments he earned.

He cashed in and now their futures are jeopardized, and they had nothing to do with why the program is being punished.

I don't know how it can't be seen as anything but outright fraud.

~Bang

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the "we have bigger fish to fry" excuse is such a weak cop-out. it's a deflection.

How would it be a deflection coming from someone who hates the system? I hate the BCS format, its crap and I think the NCAA should try a new approach. Its no deflection, its a statement of reality around current events and the priorities of our government in the face of those events.

---------- Post added May-5th-2011 at 12:56 PM ----------

Because until this last year there was not a legitimate Champion contender like Boise State that had an actual shot at the national title, but now they were denied because of the size of the school and the potential money that them being in the national title game would have brought in through revenue, which is part of the BCS system. Imagine if NCAA basketball had this system, Butler would never have been in the title game because they aren't a big enough school. The BCS rules don't allow for smaller schools to be in the championship game because they don't bring in enough money, instead the championship game is reserved for the best teams from the biggest $$ schools. That's wrong.

So by your logic, because it wasn't handled before means that it shouldn't be handled now?

Sounds like the perfect time for Boise state to bring it to the NCAA first then to court if they feel wronged.

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