Legal Commentary

The BCS Antitrust Bowl

By Jonathan H. Adler

The AP reports that the Justice Department is exploring antitrust action against the college football Bowl Championship Series and may seek to force the NCAA to implement a college football playoff.  The Justice Department revealed this potential move in a letter to Senator Orrin Hatch in response to the Senator?s inquiry.

In the letter to Sen. Orrin Hatch, obtained by The Associated Press, Assistant Attorney General Ronald Weich wrote that the Justice Department is reviewing Hatch?s request and other materials to determine whether to open an investigation into whether the BCS violates antitrust laws.

?Importantly, and in addition, the administration also is exploring other options that might be available to address concerns with the college football postseason,? Weich wrote, including asking the Federal Trade Commission to review the legality of the BCS under consumer protection laws. . . .

?The administration shares your belief that the current lack of a college football national championship playoff with respect to the highest division of college football ... raises important questions affecting millions of fans, colleges and universities, players and other interested parties,? Weich wrote.

During the Presidential campaign, then-Senator Obama pledged he would ?throw my weight around a little bit? to encourage a college football playoff system.

Full post as published by The Volokh Conspiracy on January 30, 2010 (boomark / email).