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View Diary: Corbett suing NCAA on antitrust grounds (34 comments)

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  •  We've seen this antitrust movie already (3+ / 0-)
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    leu2500, misslegalbeagle, Loge

    And its called Oklahoma v. NCAA.  The NCAA is a trade association, and can do what it wants as long as it doesn't set prices and conditions to trade.  Any trade association is free to sanction wayward members, so long as those sanctions do not originate in trade improprieties and the association can trace its actions back to non-trade related logic.  

    The trade association has every right to say that if you mess with this type of devil, you have a problem with us.  We won't tolerate this type of reputation damage.  No antitrust theory here.  That's all the NCAA did.  Protect the reputation of the trade association and its wider membership.  

    Corbett is stretching for straws.  That are too far away for him to reach.  

    •  I read that case in law school, (0+ / 0-)

      Couldn't recall whether or to what extent it applied.  I know there would be a rule of reason analysis, which means the NCAA wins because this about child molestation and the court would move heaven and earth to uphold the sanction if necessary, which it isn't.  Post-Oklahoma, I wonder if any school tried to challenge a specific fine only to get thwacked at the district court level.

      How about this - Corbett obtains a judgment or statue saying Penn State can't pay the fine.  The NCAA says, ok, Penn State can't play NCAA football until Pennsylvania changes its mind.  What's the antitrust violation?  Corbett should be fortunate they didn't impose the death penalty.

      Difficult, difficult, lemon difficult.

      by Loge on Wed Jan 02, 2013 at 11:15:43 AM PST

      [ Parent ]

      •  What kind of stupid are you? (0+ / 0-)

        Yeah, that's not the line everyone quotes from Forest Gump, but so be it.  It applies to our governor.  

        I read it in law school too.  Basically, the NCAA can do what it wants, but couldn't restrict the market for televising football games.  Can't see how disciplining membership = restraint of trade.  Especially since the governor would have to overcome the free association constitutional requirement.  

        In your scenario, Corbett could be looking at an NAIA invitation (way far out there worst case) as the NCAA tells him that his precious Penn State isn't worth the trouble.  I think expulsion from the NCAA is the ultimate threat.  Facing this possibility, he should be happy with the death penalty.  

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