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

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  •  As an antitrust wonk, (0+ / 0-)

    You must see the absurdity of a republican talking about an essential facility.

    As long as the state funding issue is off the table, there's no claim.  There could be an argument that the NCAA has no power to sanction members at all, or no power to sanction members for off-field conduct, but the state has even less standing to bring those.  The Oklahoma case isn't ideal for the NCAA as it was decided against it, but its favorable dicta gives it latitude for anything not relating to the setting of prices.  Rule of reason plus child molestation equals the sanctions stand, especially in federal court.

    Difficult, difficult, lemon difficult.

    by Loge on Wed Jan 02, 2013 at 12:43:11 PM PST

    [ Parent ]

    •  Scalia is a rule of reason guy on antitrust issues (1+ / 0-)
      Recommended by:
      misslegalbeagle

      and I find it hard to believe that he would force the NCAA to associate with someone it deemed unworthy.  I also find it hard to believe that the SCOTUS would find the power to disassociate not equal to the power to sanction.  That would make heads explode all over the place.

      A lot of republicans want to bring the freedom to contract (i.e., a watered down Lockner) back from 100 years ago.  The university and the NCAA contracted for these damages.  Where's your freedom to contract, especially when you quasi set the university free from state ownership, Corbett?

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