Bag of Mail

Looking At Antitrust and the BCS


Six key points to takeaway from Tuesday's hearing. Read it here. Below is the opening excerpt.

Tuesday afternoon, the United States Senate Judiciary Committee held a hearing in the U.S. Capitol to examine whether or not the BCS violated antitrust laws. The question, essentially, was whether the BCS functions as a monopoly or a cartel and, if so, whether it violates the Sherman Antitrust Act.

Much of the coverage of Tuesday's hearing focused on the usual arguments for and against a college football playoff rather than actually looking at the question at issue in the hearing: Does the BCS as presently constituted violate United States antitrust laws?

It's a simple question with a complicated answer, but after reviewing the submitted documents, the testimony of those called before the committee, and applying my legal education that set me back almost $150k (that I'm still paying off), I'll give you an answer: Yes.

As a preliminary point, one of the best stories I've ever heard about the value of a legal education goes something like this. Someone takes the stage to speak to the graduating lawyers and begins, "Before you entered law school, if someone asked you a question about the law you could say with true sincerity, 'I have no idea.' Now, three years later, if someone asks you the same question, you can look them directly in the eye and say with great sincerity, 'That depends.'"

The story gets at the complexity of legal analysis and how opinions can govern our own perception of what's just. Even for lawyers, these can be difficult questions. That's why I think so many of the articles that came out of Tuesday's hearing focused on two main points of analysis, the tired arguments for and against a college football playoff and the rationale or lack thereof for Congressional analysis. This was summed up by ESPN radio host Colin Cowherd, "Let sports take care of sports," he eloquently argued.


The rest of the article is here.
You may not agree with everything, but I think you'll agree that it's one of the most in-depth looks at Tuesday's hearings.

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Posted by Clay Travis at 10:27 AM 2 comments


 
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