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Antitrust and the Bowl Championship Series: Will There Be an Intervention?

The college Bowl Championship Series, which began in 1998, is the only arrangement ever created designed to match the top two teams in a post-season bowl game. Nonetheless, the arrangement has attracted critics, including President Obama. There have been Congressional hearings and antitrust arguments against the BCS system. Attend this OnDemand Webinar and understand the legal and economic arguments and get insightful information regarding their strength.


Runtime: 90 minutes
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Is There a Viable Antitrust Theory for Attacking Some Aspect of the BCS System?

  • What Agreements Are Embodied in the BCS System?
    • Agreements to Provide Certain Benefits to Specific Conferences and Not to Others?
    • Agreement Not to Operate a Playoff System Open to All?
    • Other Agreements?
    • Impact of the Supreme Court's Recent Jurisprudence on the Issue of SingleEntity Status (American Needle, Inc. vs. National Football League)
  • Are Any of These Agreements Anti-Competitive?
    • What "Competition" Is Affected?
    • What Are the Effects of the Agreements on That Competition?
    • What Are the Implications of Teams' Ability to Move Among Conferences, Such as TCU's Recent Decision to Join the Big East Conference?
    • What Are the Implications of NCAA Rules and the Related Question of the "Educational Mission" of the Participating Schools?

Who Would Have Standing to Challenge the BCS Under the Antitrust Laws; and What Competitive Harm Would They Be Able to Claim?

  • A "Disadvantaged" Conference?
  • A Disadvantaged Team?
  • An Unhappy Fan?
  • State or Federal Antitrust Enforcers? (Any Predictions About DOJ's Likely Course of Action?)

What Sort of Remedy Might an Antitrust Court Impose?

  • Invalidate Exclusionary Aspects of BCS Rules?
  • Order a Playoff System?
  • Damages?
  • Might Unavailability of an Effective and Judicially-Administrable Remedy Be an Obstacle to a Finding of Liability?

What Pro-Competitive Justifications Can Be Presented to Defend the System and the Decision of the NCAA to Abdicate This Lucrative National Collegiate Championship, Which Is the Only One of 89 Decided Without a Playoff?

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on February 9, 2011.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Barry J. Brett

Barry J. Brett

Troutman Sanders LLP

  • Partner at Troutman Sanders LLP and the Antitrust Practice Group Leader
  • Past chair of the American Bar Association Antitrust Section Committee on Sports and Entertainment
  • Past chair of the New York State Bar Association Antitrust Section
  • Member of the governing committee of the American Bar Association Forum on Sports and Entertainment
  • Marquis Who’s Who 2008-2010
  • Listed in New York Best Lawyers
  • Received the New York State Bar Association Antitrust Section Service Award
  • Can be contacted at 212-704-6216 or [email protected]
David L. Meyer

David L. Meyer

Morrison & Foerster LLP

  • Co-chair of Morrison & Foerster LLP’s Global Antitrust and Competition Law Practice Group
  • Served as Deputy Assistant Attorney General in the U.S. Department of Justice’s Antitrust Division, first as Deputy Assistant Attorney General for Civil Enforcement and subsequently as Principal Deputy, 2006 to 2009
  • Current chair of the American Bar Association Antitrust Section’s Trade, Sports and Professional Associations Committee
  • Extensive experience in private practice counseling clients and defending against government investigations and private litigation, with particular focus on competitor collaborations
  • Writer of numerous publications on antitrust joint-venture analysis and other antitrust topics, including “The FTC’s New ‘Rule of Reason’: Realcomp and the Expanding Scope of ‘Inherently Suspect’ Analysis”, Antitrust Magazine, Spring 2010; and “Three Tenors and the Section 1 Analytical Framework: A Continuum Drawn with Bright Lines”(with Derek Ludwin), Antitrust Magazine, Fall 2005
  • Can be contacted at 202-887-1519 or dmeyer @mofo.com
No photo available

William L. Monts, III

Hogan Lovells US LLP

  • Partner in the Washington, D.C., office of Hogan Lovells US LLP
  • Practices in the firm’s Antitrust, Competition and Economic Regulation and Litigation groups
  • Represents clients in numerous industries in antitrust and complex litigation matters
  • Provided antitrust and commercial law counseling to a number of clients in the sports field
  • Advised certain college football conferences and institutions in connection with post-season football arrangements and has testified on these issues before the Antitrust Subcommittee of the Judiciary Committee of the United States Senate for 15 years
  • Represented individual universities on potential antitrust issues arising under NCAA rules
  • Beyond intercollegiate athletics, counseled several professional sports franchises on antitrust matters, including issues related to labor and television agreements, represented a number of professional tennis tournaments in connection with their relationships with the sport’s governing bodies, and advised venue owners and stadium authorities on antitrust matters
  • Assisted numerous business clients on antitrust issues arising in the creation of joint ventures, advised trade associations in the development and implementation of antitrust compliance policies, counseled clients on antitrust issues raised in intellectual property agreements, and represented companies on a broad range of antitrust and related business law questions
  • Significant experience in matters brought before the Federal Trade Commission and the Antitrust Division of the United States Department of Justice
  • B.A. degree, cum laude, Yale University; J.D. degree, cum laude, University of South Carolina School of Law
  • Can be contacted at 202-637-6440 or [email protected]
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 386425
Published 2011
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