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Full-Text Articles in Law
Antitrust & The Bowl Championship Series, Nathaniel Grow
Antitrust & The Bowl Championship Series, Nathaniel Grow
Nathaniel Grow
This Article analyzes the potential antitrust liability of the Bowl Championship Series (“BCS”), college football’s current system for selecting the participants of both the national championship game as well as other highly desirable post-season bowl games. The BCS has recently been the subject of increasing attack from politicians and law enforcement officials, who allege that the system constitutes an illegal restraint of trade due to its preferential treatment of universities from certain traditionally stronger conferences, at the expense of teams from other historically less competitive conferences. Meanwhile, the academic literature considering the antitrust status of the BCS is mixed, with …
Antitrust & The Bowl Championship Series, Nathaniel Grow
Antitrust & The Bowl Championship Series, Nathaniel Grow
Nathaniel Grow
This Article analyzes the potential antitrust liability of the Bowl Championship Series (“BCS”), college football’s current system for selecting the participants of both the national championship game as well as the other most desirable post-season bowl games. The BCS has recently been the subject of increasing attack from both politicians and law enforcement officials, who allege that the system constitutes an illegal restraint of trade due to its preferential treatment of universities from certain traditionally stronger conferences, at the expense of teams from other, historically less competitive conferences. Meanwhile, the academic literature considering the antitrust status of the BCS is …
Defining The "Business Of Baseball": A Proposed Framework For Determining The Scope Of Professional Baseball's Antitrust Exemption, Nathaniel Grow
Defining The "Business Of Baseball": A Proposed Framework For Determining The Scope Of Professional Baseball's Antitrust Exemption, Nathaniel Grow
Nathaniel Grow
This article proposes a new analytical framework for determining the proper scope of professional baseball’s antitrust exemption, an issue that has generated surprisingly little scholarly analysis to date. Specifically, the article finds that lower courts have applied the exemption in widely divergent ways, due to a misunderstanding, and in some cases a misinterpretation, of the underlying focus of the United States Supreme Court’s opinions first creating and affirming the exemption. The article argues that future courts should reject the existing lower court precedent, and instead, consistent with the often overlooked focus of the Supreme Court’s decisions, hold that the baseball …