~REPRISE~
September
6, 2002
CORRUPTION & SHAME
OF
NCAA COLLEGE FOOTBALL
Howard E. Hobbs PhD, Editor & Publisher
Bulldog Newspaper Foundation Research Reports
FRESNO STATE -- In a recent university sports economy
research paper by Mark Hales on the Bowl Championship Series [BCS]
and other bowl associations he characterized the past decade as one of organized
bamboozle, corruption, and sham especially
so, within NCAA College Football.
"
Rise and Shout, the Cougars are out”of the BCS, thus they have
no chance to win a national championship. As the Brigham Young University Fight
Song says, BYU and every other non-BCS school are barred from competing for a
national title because they are not within one of the six elite BCS conference.
Under the current BCS regime, six football conferences, four bowls, and one
network have essentially prevented all other football conferences and teams
from participating in the product of the national championship game. Under
the current established formulas, BCS schools are automatically qualified for
a BCS game while non-BCS schools are practically barred from entry. With both
horizontal and vertical arrangements occurring between specific bowls and conferences,
the antitrust laws of the Sherman Act are significantly violated.
Mark Hales first address the history of the NCAA, college
football bowl games, and the BCS. Then Hales goes into Antitrust law. Finally,
the BCS is analyzed under the per se and rule of reason analysis while
proposing
lesser restricting alternatives of two playoff formats under new simplified
ranking system. The National Collegiate Athletic Association (NCAA)
was formed in 1906 due to President Theodore Roosevelt’s concern over
the high number of injuries and deaths in college football.[4] Along with establishing
safety, the NCAA
was developed to establish a consistent set of rules to prevent cheating and
rough play.
According to the NCAA, the mission and purpose of the
NCAA is to maintain intercollegiate athletics as an integral part of the education
program and the athlete as an
integral part of the student body.
To fulfill this mission, the NCAA is
guided by particular goals. Three of these goals are relative to this paper
and the antitrust effects of the BCS. These three goals are: to promote intercollegiate
athletics, administer national championships, and maintain integrity and standards
of fair play.
Within the first goal of promoting intercollegiate athletes,
the NCAA professes to “encourage participation in and support for intercollegiate
athletics by celebrating the accomplishments of the student-athlete and promoting
NCAA championships and college sports.”
By administering a national
championship, the NCAA provides “student–athletes with opportunities
to compete at the highest level of intercollegetiate athletics.” Finally,
with the goal of maintaining integrity and standards of fair play, the NCAA
has the goal “to support effective institutional management and integrity
in intercollegiate athletic through compliance with, and enforcement of, standards
of fair play and appropriate conduct for student-athletes and institutional
representatives
The NCAA consists of divisions I, II, and III. Membership
in each division is determined by the number of sports the school sponsors,
the average attendance
for home games, and the number of home games played.
College Football is
unique to the NCAA, since it is further divided into two subdivisions: Division
I-A and I-AA; additional requirements are necessary for a division I-A
school. This I-A division comprises of 11 conferences and seven independent
teams.
Schools align themselves into conferences to facilitate
more efficiently and to cooperate in scheduling, negotiating television contracts,
and in other
similar endeavors.
The NCAA has conducted national championships in various sports since 1921.
The NCAA administers 87 championships in 22 sports
for its member institutions. It has sponsored football championships in
all three NCAA divisions for years, excluding Division I-A.
Instead
of a
NCAA organized championship
game, individual bowls invited specific teams to play in a post-season game.
Though each bowl is independent from the NCAA, the NCAA established specific
criteria and standards for post-season competition, but these requirements
only involved a cooperative relationship and not a legal binding agreement.
Under the direction of the NCAA’s Special Events
Committee, the NCAA developed bowl polices of minimal financial distributions
among participating
teams, team eligibility, officiating, game dates, number of ticket sales, and
bowl names.
Without NCAA administration for divisions I-A football,
various post-season bowl games, polls (generated by sports writers, selected
NCAA head football
coaches, and computers), and recent affiliations have been used to determine
a national champion. These arrangements of various opinions and biases of individual
teams and conferences have led to the manipulation and corruption of college
football. The current established hypothetical national championship scheme
is the Bowl Championship Series, (hereafter the BCS). The legal aspects of
the BCS, and other similar associations will be discussed later.
Prior to the establishment of the NCAA, few college
football bowl games were played. The first bowl game occurred on New Years
Day 1894, when, in order
to generate civic support, the University of Chicago played the University
of Notre Dame.
The next bowl game occurred in 1902 when the University
of Michigan played Stanford University in the first Rose Bowl. Various
other bowls games have been created and disbanded throughout the years;
currently there are 25 bowls.
As bowls became more financially successful,
bowls became sponsored by an independent business and managed by an independent
governing
committee that selected the
participating football teams.
With bowl sponsorship, the focus changed
from rewarding the student-athletes to financially rewarding the successful
corporation. In 1990, the John Hancock Bowl received an estimated of
$5.1 million worth of advertising exposure in exchange of their $1.6 million
sponsorship contribution. A representative from John Hancock said, “the
bowl is an extraordinarily efficient media buy. It would cost us a great deal
of more money to help influence sales by normal advertising.”
Today,
every bowl has a sponsor, and these companies make payments to the bowl organization
for permission to advertise with bowl logos and trademarks.
Early on, specific bowls negotiated participation agreements with specific
teams.
Eventually these agreements spread to bowls negotiating
multi-year contracts with certain conferences for a specifically ranked team.
For example, the champions
of both the Pac 10 and Big 10 were obligated to participate in the Rose Bowl.
Other bowls choose to remain free to negotiate with
any team. This second process became essentially a bidding process where available
teams would choose between
multiple bowl invitations.
With many conferences and teams tied to specific bowls,
the problem of declaring a national title developed. Rarely did these vertical
contracts produce
a national championship game of the two highest ranked teams, but instead the
strongest teams were dispersed among multiple bowls.
Under this independent
bowl system, only nine times in 45 years did one bowl comprise the top two
teams. Since the top two teams seldom meet in a bowl game, the national
title was often split between two teams; split championships occur when different
recognized polls declared separate teams the national champion.
By using only
the Associated Press (AP) and Coaches Poll, since 1950 there has been 10 times
in which the national title was split between two teams. When using all
recognized polls, the number of split champions increased to 44 times during
the same period. That is only seven times in over 50 years, where division
I-A football had a consensus “national champion.”
There continues to be opposition within the NCAA to
administer the post season of division I-A football. The NCAA claims to be
concerned with the potential
negative effects: disruption of student-athletes, academic calendars, lengthening
of the season, increasing the pressure to win, and the negative effect on the
bowl games.
Despite most of these concerns, the NCAA’s Division
I-AA, Division II, Division III, and other college athletic associations, namely
the NAIA, have successfully established championship games through a playoff
format amidst similar concerns.
Until the early 1990’s, the entire bowl process of selecting football
teams was disorganized and often chaotic. To remain competitive in
attracting marketable teams bowls often selected schools prior to the conclusion
of
the season, frequently as early as mid-October.
In some situations,
bowls made
informal arrangements prior to the season with a particular team based
on historical success or the notoriety of a particular coach. These
early
selections
frequently led to mediocre teams playing in historically attractive bowl
games and rarely matched up the top two teams in the nation. Within the
past decade
alone, four different systems have attempted to create the marketable product
of a true national championship game.
The current BCS is the heir of similar associations.
The first organized attempt began in 1992 with the Bowl Coalition. Under
the Bowl Coalition, the champions
of the Southeastern Conference (SEC), Southwestern Conference (SWC),
Big Eight , Atlantic Coast Conference (ACC), and the newly created
Big
East joined with the Fiesta, Cotton, Orange, and Sugar Bowls.
Under
the Coalition, the champions of SWC would play in the Cotton Bowl, the
SEC in the Orange Bowl, and the Big Eight in the Cotton while the Fiesta
received
two open bids. These four bowls than agreed to select other teams from
among the champions of the ACC, Big East, the University of Notre Dame,
and any
additional teams that were “attractive and had completed their season
with exceptional records to fill the remaining open slots.”
Though
the Bowl Coalition could not guarantee a “national title game,”after
two years of a split title, in 1992, the Coalition produced a national
title game
between Big East champion Miami and SEC champion Alabama, and again in
1993 between Florida State of the ACC and Nebraska of the Big Eight.
With the success of the 1992 & 1993 seasons, and several bowl/conference
contracts expiring after the 1994 seasons the Bowl Alliance was organized
to improve the chances of a national championship game
To establish
a bowl
base for the new Alliance, all NCAA-certified bowl games were invited
to submit bids. The Bowl Alliance selected the Orange, Sugar,
and Fiesta
bowls
on the condition that these bowls would relinquish their contractual
obligations with their respective conferences.
Because traditionally
successful
bowls and conferences had to abandon their financially attractive relationships,
the champions of the ACC, Big East, Big Twelve, and SEC received automatic
bids to a Bowl Alliance game.
In addition to the four conference champions,
the Bowl Alliance had two “at-large”slots
open to any team in the country with a minimum of eight wins or ranked
higher than the lowest-ranked conference champion of the four Alliance
conferences.
In selecting at-large teams, preference was given
to Notre Dame, the non-champions of the Pac-10 and Big-Ten conferences, and the
remaining
members of the
Alliance conferences.] However, if any at-large team outside the Alliance
was ranked
either No.1 or No.2, it was guaranteed a slot in the national championship
game.
Under the Alliance format, the mythical championship
game would be rotated every year between the three Alliance bowls. When an Alliance
Bowl hosted
the title game that bowl would get the first and second teams, and the
remaining bowls were allowed to swap picks to attractively fill their
games.
To increase the success of producing a national championship game, in
1996 the Alliance expanded to become the “Super Alliance”by
including the Rose Bowl and the champions of the Pac-10 and Big-10 Conferences.
Other arrangements were made with the Western Athletic Conference and
Conference
USA, in which participation fees were to be paid to each conference in
the event that these conferences were underrepresented in the alliance.
An important factor in the Bowl Alliance was the financial benefit of
being selected to a Bowl Alliance game. In the 1996-1997 bowl season,
the Alliance
Bowls “paid out a total of $67.9 million dollars to eight teams,
while the combined total from all non-Alliance bowl purses was only $34
million.”
These payments to participating teams were divided
equally between the six participating schools, which than was further divided
among the conference
members of the schools. Independent schools were able to keep their 1/6
share.
For that year alone, “the total payout
to Alliance schools for that same season was $95.9 million, while the non-Alliance
bowl schools received $5.4
million in payouts.”
The next transformation into the BCS began in 1998, with the restructuring
of the selection process of the national championship game and other
significant games. The BCS, which runs through the 2006 bowl season,
consists of
the of the same four bowls of the Super Alliance (the Rose Bowl,
Sugar Bowl, Orange
Bowl, and the Fiesta Bowl) with each bowl hosting the national championship
game every four years.
As with the previous bowl organizations, the champions of the ACC, Big
East, Big Ten, Big 12, Pac-10, and the SEC are guaranteed participation
in a BCS
bowl game.[69] Though, this automatic selection of the original BCS conference
champions is subject to review, and possible loss of automatic selection
by the BCS, should the conference champion not have an average ranking
of 12,
or higher, over the past four years.
As the non-championship BCS bowls select their
teams from these conference champions, previous regional considerations
are used. In respecting
former bowl affiliations, regional consideration include the ACC and
Big East champions
in the Orange Bowl, the SEC champion in the Sugar Bowl, the Big Ten and
the Pac-10 champions in the Rose Bowl, and the Big 12 champion in the
Fiesta Bowl. These regional tie-ins may be avoided when:
(1) the same team hosting the same BCS Bowl for two consecutive years;
(2) two teams that played against one another in the most recently completed
college football season will be paired against one another in a bowl;
(3) the same two teams would play against each other in a Bowl game for
two consecutive years; and
(4) an alternative pairing would have greater appeal to college football
fans.
When a regionally tied in team is not selected
and the BCS game needs to select a replacement team, that bowl can choose
from the final BCS
pool
of eligible
teams.
As previously stated, the pool shall first consist
of the champions of the BCS conferences, and any team which won at least nine
regular season
college football games (not including wins in exempt games) and ranked
in the Top 12 of the final BCS standings. With the remaining two at-large
spots, generally the BCS is not required to select any particular team,
but in some
instances, any at-large team may earn automatic selection. Those cases
are listed below:
(1) any At-Large team ranked No.1 or No.2 in the final BCS Standings
shall play in the BCS National Championship Game. If both the No.1 and
No.2 teams
in the BCS Standings are At-Large teams, those teams shall play in the
national championship game;
(2) any team from a non-BCS conference or an independent institution,
which is ranked three through six in the BCS Standings, shall qualify
for a guaranteed
selection in one of the BCS games. If one or more teams other than Notre
Dame qualify for automatic selection, Notre Dame shall also qualify provided
it
is ranked in the top ten in the BCS Standings or has a record of at least
nine wins, not including exempted games;
(3) the Bowls shall select from those teams that qualify in (2) above
should insufficient slots be available;
(4) if any At-Large slots remain unfilled after satisfying the criteria
in (2) above; and the team ranked three in the BCS Standings is an At-Large
team, then the team ranked three in the BCS Standings shall automatically
fill one
At-Large slot and shall play in one of the BCS Bowls;
(5) if any At-Large slots remain unfilled after satisfying the criteria
in (2) and no at-large team qualifies for automatic selection under (4)
above;
and the team ranked four in the BCS Standings is an At-Large team, then
the team ranked four in the BCS Standings shall automatically fill one
At-Large
slot and shall play in one of the BCS Bowls.
As seen above, the requirements to receive an automatic
bid to a BCS game are significantly more stringent for non-BCS conference champions
and independent
school than for BCS conferences and schools. The non-BCS conferences
(Mid-American, Mountain West, Sun Belt, Western Athletic, and Conference
USA) and independent
teams, excluding Notre Dame, will be guaranteed a slot in a BCS game
only if
their teams are ranked sixth or higher in the final BCS standings, unless
more than two non-BCS teams meet these criteria.
For if three or more
non-BCS schools
are ranked in the top six of the BCS standings, the BCS bowls will only
choose two teams from that group. In comparison, at large teams within
the BCS conference
only needs to be ranked anywhere in the top 12.
The National Football Foundation and College Hall of Fame have compiled
the BCS standings since the 2000 regular season. The ranking system
consists
of five major components: subjective polls of the writers and coaches,
computer rankings, schedule strength, a team’s record, and quality
wins versus top 15 ranked teams in the weekly BCS standings.
As stated
above, the
two teams with the lowest point total in these categories will play in
the national
championship game.
The poll component is based on each team’s average ranking in the
AP poll and the USA Today/ESPN Coach's poll.
The ranking for each
team in
both polls is added and divided by two.[81] For example, a team ranked
number three in one poll and number five in the other poll would receive
4.0 points
in this component. (3+5 = 8/2 = 4.0).
The second component consists of eight computer
rankings, which are published in major media outlets. The computer rankings
are: Jeff Sagarin (published
in USA Today), the Seattle Times (Jeff Anderson/Chris Hester), Dr.
Peter Wolfe, Richard Billingsley, Wes Colley, Kenneth Massey,
David
Rothman, and Matthews/Scripps-Howard.
The computer component
will be determined by averaging the six intermediate computer rankings,
disregarding
the highest (best) and lowest (worst) rankings. For example, if a team
is ranked
first in four polls, second in three polls and third in another, one
of the rankings in which the team is ranked first and the ranking in
which
the team
is third will be disregarded and the remaining six polls will be added
and divided by six. (1, 1, 1, 2, 2, 2 = 9/6 = 1.50).
The third component is the team’s strength of schedule, and is calculated
by determining the cumulative won/loss records of the team’s opponents
and the cumulative won/loss records of the teams’opponents’opponents.
The formula shall be weighted two-thirds (66%) for the opponent’s record
and one-third (33%) for the opponents’opponents record. The team’s
schedule strength shall be calculated to determine in which quartile
it will rank: 1-25; 26-50; 51-75; 76-100 and shall be further quantified
by its ranking
within each quartile (divided by 25). For example, if a team’s
schedule strength rating is 30th in the nation, that team would receive
1.20 points.
(30/25 = 1.20).
The fourth component is the team’s record. This component shall evaluate
the team’s won/loss record. Each loss during the season will represent
one point in this component.
Finally, the quality win component reduces a
team’s
BCS ranking by a sliding scale for victories against opponents ranked
among the top 15 in the
weekly BCS standings.
A defeat over the number one rated team is a reduction
of 0.15 points, while a defeat over the number 15 rated team is a reduction
of 0.01 points. For example, if Ohio State beat the number one rated
BCS team, Georgia, Ohio State’BCS point total would be reduced
by 0.15 points. If a team defeats a top-15 BCS team twice in one season,
the victorious
team shall receive quality win points only once.
If a team fails
to remain
in the top 15, any team that beat them does not continue to receive the
quality win component. In the above example, if Georgia fails to remain
in the top
15, Ohio State will not earn the quality win reduction. But, If Georgia
returns to the top 15, Ohio State will again be given back its reduction
of 0.15.
To calculate the standings, Hales explains that all
five components are added together. The team with the lowest point total shall
be
ranked first in the BCS
Standings, the second lowest will be ranked second, and so forth;
these two top
teams
then meet in the championship game. Under the structure of the BCS, the
national championship has gone to Miami in 2001, Oklahoma in 2000, Florida
State in
1999, and Tennessee in 1998.
An initial increased television audience represented
an early success of the BCS. In 2001, the four BCS Bowls combined to
reach a record television
audience
of 127 million viewers. The average attendance for the games was 77,765.
Overall, attendance for all bowl games increased 7.6 percent to 1,291,557.
As with the previous Bowl Alliance, the participating
institutions receive a substantial financial payout by playing in a BCS
Game. Under the current
BCS format for the 2001-2002 season, the BCS participants received between
$11.78-14.67 million depending on the conference affiliation of the at-large
participants.
Should the at-large participants come from outside
the original BCS conferences those participants will receive $11.78 million.
If one
or both at-large selections come from within the original BCS group,
the
first conference participant shall receive $11.78 million and the second
participant
from that same conference shall receive $6 million. This was different
from previous BCS seasons, where all participants, regardless of if other
schools were participating in a BCS game, received the same financial
payout. The total
money received is than split among all the teams within the team’s
conference.
Modern antitrust law commenced in 1890 with the passage of the Sherman
Antirust Act. This Act protects and promotes the competitive process
of the American
open marketplace by maintaining an opportunity for market access and
promoting market rivalry.
Essentially, the first section of the
Sherman Act
prohibits acts by two or more people that restrain trade in interstate
commerce, while
the second section bars monopolistic activities. With monopolies,
the most distinctive feature of a monopolized market is a barrier of
entry.
In bringing an Antirust case, the courts will first
determine if there is standing. Standing arises out of section four of the Clayton
Act.
To
determine if
the plaintiff has standing, the courts will ask three questions. First,
is the plaintiff a person under the meaning of section four? Second,
has there
been an injury to the plaintiff’s business or property? And third, and
most complicated, did the injury arise “by reason of”the
antitrust violation?
Once a potential antitrust claim has been raised, and standing exists,
the implication is analyzed under either the “per se”or “rule
of reason.”Under the per se analysis, activities are condemned
as a matter of law, without inquiry into their reasonableness, because
the substantial likelihood that such activities are anticompetitive.
This
strict approach has been used in “situations where the practice
facially appears to be one that would always or almost always tend to
restrict competition
and decrease output of a product.”
The Supreme Court has ordinarily
reserved the per se approach to those instances involving price-fixing,
tying arrangements, division of markets, and group boycotts.
A group boycott occurs when several competing entities
agree to isolate others. Upon showing of a per se violation, liability is
automatic,
and the court
then determines the loss suffered by the plaintiff. Another factor in
regards to
per se violations is the type of restraint.
Horizontal restraints, which
injure competitors at the same level of production are more frequently
treated as
per see illegal. Vertical restraints, which generally only affect
parties at different levels of production from the violation, are generally
treated
under the rule of reason.
The Supreme Court first defined the rule of reason
approach in Board of Trade of City of Chicago v. United States. When
the violation
is not
patently
anticompetitive, the courts are required to evaluate the effect of the
behavior on the competitiveness of the market by the rule of reason analysis.
In discussing
the rule of reason analysis, the courts developed a three-prong test.
First, the plaintiff bears the initial burden of showing that the restraint
creates actual anticompetitive effects. These anticompetitive effects
can occur when an “agreement concentrates market power to participants in such
a way as to eliminate competition, and can be evidenced by higher than competitive
prices, lower than competitive quantity or quality of goods, or both.”
After the plaintiff has proven anticompetitive
effects, the burden shifts to the defendant to show that the challenged anticompetitive
effects
create procompetitive
benefits.
If the defendant can prove procompetitive benefits, the
burden shifts back to the plaintiff to show that the “particular restraint is
not reasonably necessary to accomplish the stated goal,”or that
the same benefits could be obtained through a lesser restrictive means.
HOW THE BCS VIOLATES ANTITRUST LAW
With a careful review, it is clear that the BCS violates antitrust
laws. Under antitrust law, “anytime we see a group of competitors, such as the conferences,
agreeing with each other instead of competing with each other, that is a potential
antitrust problem.”
In the area of sports, antitrust issues arise
in sports leagues, professional or amateur, when owners, school presidents,
or conference commissioners make agreements amongst themselves that result
in uncompetitive activity. Within the BCS, these types of arrangements
are occurring.
In this paper, Hales does not specifically address the standing issue, but
will address the issues of antitrust of the BCS under the per se and rule of
reason
analysis.
First, he evaluates under the per se analysis the horizontal
contracts within the BCS’s that create artificial barriers of entry for
non-BCS teams. Second, under the rule of reason analysis, he examines the
vertical
contracts between BCS conferences, teams, and networks that eliminate competition
in the overall sale of regular season and post-season Division I-A football
games, which reduces the over quality and product of college football. To encourage
productivity and competition, under this analysis, he then presents two lesser
restrictive alternatives to the BCS.
The first approach in studying the antirust issues of the BCS is under the
per se analysis. Though the Supreme Court disfavors using the per se analysis,
the lenient rule of reason approach “is inappropriate where the purpose
of the regulations is to eliminate business competition.”
Per se
review would be especially evident “where the underlying facts demonstrate
that business-minded entities acted with the clear intent to exclude [non-BCS]
bowls and [non-BCS] teams from multi-million dollar opportunities.”
The apparent boycott of non-BCS created by the BCS warrants per se analysis.“The
hallmark of the unlawful ‘group boycott’is the effort of the competitors
to barricade themselves from competition at their own level.”
Within
the horizontal agreements of the BCS a boycott, and thus a monopoly, has been
created. The BCS is “an illegal restraint of trade an illegal conspiracy
to monopolize.” In essence, the BCS boycotts nearly 50 NCAA Division
I-A college football teams from competing for a national championship.
Based on the current BCS format, a team’s ranking is based on the combination
of the AP Poll, ESPN/USA Today Coaches Poll, other various computer polls,
each team’s strength of schedule, each team’s number of losses,
and a quality win component. One of the major barriers of entry is a team’s
strength of schedule.
To prevent the access of non-BCS schools, BCS teams can
beat any team, while non-BCS teams have to beat only highly ranked BCS teams.
The following hypothetical, will demonstrate this point. First, if undefeated
Florida State University, a BCS school, beats a winless Duke University, another
BCS team, Florida State’s strength of schedule is improved. But, if an
undefeated and non-BCS Brigham Young University (BYU) team beats a winless
University of Wyoming, another non-BCS team, BYU’s strength of schedule
is hurt.
The difference between a victory over Duke and Wyoming occurs because
Duke loses the majority of its games to BCS teams while Wyoming loses the majority
of its games to non-BCS games. So, since every non-BCS school plays the majority
of its games against other non-BCS schools, non-BCS school’s strength
of schedule continue to be sub-par.
Even if a non-BCS team played a majority
of BCS schools, their strength of schedule would still prevent access to the
BCS. For example, if BYU played BCS opponents Miami, Florida, Tennessee, Nebraska,
Duke, Vanderbilt, Oregon, Colorado, and California and non-BCS opponents Navy,
Idaho, and Houston, BYU would still have a strength of schedule of 91st,
a schedule to “weak”to ever be able to participate in a BCS bowl
game.
Though the strength of a team’s opponents is a factor in determining
a team’s ability, it should not be the decisive factor. A team schedules
its opponent’s years in advance, and has no control over how those teams
will play in any given year. If a non-BCS teams schedules three BCS conference
champion eight years in advance, and eight years later, these same BCS teams
had a poor year; these non-BCS teams are criticized for having a weak schedule.
The fact that in every year of the BCS existence, a
non-BCS had a significantly better win-loss record over several BCS teams playing
in a BCS game is evident
that the BCS boycotts non-BCS teams. Despite what the BCS claims, the
BCS will continue to benefit only BCS teams for playing weak opponents within
a BCS conference, and hurt non-BCS teams for playing teams not ranked high
in the BCS.
These BCS conferences believe that any team in their conference is a significantly
stronger football team than any non-BCS team, since non-BCS teams never play
a challenging schedule, and can easily go undefeated by playing only non-BCS
teams.
Though, in the past eight years, statistics have shown that it is actually
more difficult to obtain an undefeated regular season in a non-BCS conference.
Since 1994, there have been 16 undefeated teams from the BCS conferences, and
only three undefeated teams from the non-BCS conferences. The BCS coalition
has 53% of the Division I-A teams, and 84% of the undefeated regular seasons.
Statistically, a non-BCS undefeated season is not a common occurrence and should
not be punished. This punishment was seen recently in 1998 and 1999, when Tulane
and Marshall respectively went through their entire season undefeated and were
still denied access to a BCS bowl. In addition, the average record per conferences
is rather similar.
For example, the average record in the 2001-2002 season
for a Big 12 school was 7-5, while the Big 10 and non-BCS MWC were both 6-6.
At worst, the MWC averages one less victory then the best BCS conference, but
this one additional loss should not be significant enough to prevent access
to a BCS game.
Another factor that boycotts non-BCS teams are preseason
polls, because these polls are consistently biases toward BCS teams, and are
detrimental to
teams poorly ranked prior to the season. To qualify for a BCS spot, each team
must be rated high in both polls. Without even playing a game, by not being
ranked in the Preseason, a team is barred from national championship consideration.
Despite an undefeated season, Marshall and Tulane both were prevented from
playing in a BCS bowl games because they began the season unranked. The
fate of a product should not be determined prior to its introduction into the
market. Each football team must be given the same opportunity to play in national
championship each year.
Prior records are in the past and should have no barring
on present circumstances. Though a previously successful product has earned
a particular name in the market, this name does not guarantee its continued
success. The product of a college football post season should be only subject
to its subsequent regular season; prior seasons should not be considered. A
championship should be earned on how that team played each game this season,
not on how they previously played.
Because of these factors, the access to a BCS game
for a non-BCS team is nearly impossible. For example, toward the conclusion
of the 2001 season, BYU was
12-0, with one game remaining in the regular season. Despite being one of two
undefeated teams, ranked 6th in the AP and Coaches Poll, and 12th in the BCS
poll the BCS intentionally eliminated BYU from BCS consideration regardless
of the outcome of their season finale. During that season, BYU played 14 games,
eight coming on the road; both statistics were the highest in the NCAA.
Though BYU eventually lost their final regular season game against Hawaii,
and to Louisville in the Liberty Bowl, the fact that “some blazer-wrapped
bowl ‘scout’”barred BYU from the BCS proves that non-BCS
teams are boycotted from BCS contention.“A football champion should
be a team that has won football games, not computer games or accident-of-birth
games or smoked-filled-room games. The Bowl Championship Series simply gives
a free pass into the finals to two teams with which it has a business relationship.”
One major problem with restricting the access of non-BCS teams is the financial
deficit in not participating in a BCS organized game. As previously stated,
each BCS conference is guaranteed participation in a BCS game, and the roughly
$14 million payout from each BCS bowl. Because of the BCS’s guaranteed
millions to BCS teams, in past two years, BCS conferences have received $290,900,000.
If
divided evenly between all 63 BCS teams, each BCS team roughly received $2,308,703
a year from their conference participating in a BCS game. Comparing
this to the non-BCS conferences, the non-BCS conference received $21,550,000
in the past two years, which relates to about $199,537 per non-BCS team per
year.
That correlates to over $2,100,000 more per year that a BCS team
receives, no matter what their record is, than a non-BCS team, just for being
apart of a BCS conference.“Since the BCS payout deficit averages
$2,100,000 per year, and since this rigged game has been going on for [four]
years under the BCS/Taliban regime, that works out to roughly $8,400,000 deficit
per non-BCS team.”
Or, by this example “each time a BYU play
a Cal or Mississippi State, the other team has received about $8,400,000 more
in bowl payout on average over the previous [four] years.” With
an average deficit of $8,400,000 per non-BCS team, these 54 teams have received
a total $420,000,000 less than BCS schools in the past four years.
Because of the BCS many states have a significant
financial deficit in respect to money given to football teams. For example,
in total, the non-BCS schools in Texas and Ohio have each lost nearly $55.5
million over the past fours. Other significant loses are seen in Louisiana,
Michigan, California, Tennessee, Utah, Florida, and Alabama.
By intentionally excluding certain teams and conferences from the guaranteed
structure of the BCS, non-BCS schools are greatly disadvantaged.
The disparity
in the revenues received by the BCS and non-BCS conferences will create an
insurmountable obstacle to overcome. The lack of financial balance significantly
affects the talent each team can recruit, the amount of additional money
needed for facilities, improvements, and the potential salary of a coach.
In addition,
the financial differences will lead to decreased output of the entire NCAA
college football. These issues will be discussed in full detail under the
rule of reason analysis.
As seen above, the BCS has significantly hindered the access to a BCS game,
specifically the market for the “national championship game”by
creating artificial barriers of entry. Under the current system, a non-BCS
team can never be admitted to a BCS game. Without an adequate access, the
BCS is in fact boycotted nearly 50% of all NCAA division I-A teams. The BCS
is
intended to benefit only the BCS conferences and BCS teams, while restricting
all non-BCS conference and non-BCS teams. Under this analysis, the BCS arguably
fails.
The BCS also fails under the rule of reason analysis. Though the BCS will
attempt to refute anticompetitive effects by arguing of the benefits of their
national
championship game, this neither compensates for the loss of competition among
the non-BCS teams, nor is the BCS’s least restrictive means of accomplishing
that presumed benefit.
Anticompetitive Effects.
Under the rule of reason, courts first require the plaintiff to show significant
anticompetitive effects. Anticompetitive effects are injuries to consumers
from an “increase in the market power that the targeted agreement creates
for its participants by reducing or eliminating the competition among them.
Such injuries often take the form of higher than competitive prices or lower
than competitive output levels or product quality. Because of
the BCS, injuries in college football occur with the reduction of output
and quality
of both regular season and post-season bowl games.
The effects of the BCS restructure college football into two classes. This
two-tiered status reduces the product quality and output of college football,
and specifically injures non-BCS teams in several ways. First, recruiting
will suffer. Since there is unequal opportunity for participation in the
BCS, each
team in the “six participating conferences know that every year, they
will have at least one representative, if not two, in the most prestigious
bowl games, playing during the most visible times of the holiday season, guaranteeing
conference exposure.”
This guaranteed exposure benefits the entire
conference and gives individual BCS teams additional leverage for recruiting
higher rated players. Recruits know that by playing for a BCS team, they
have a guaranteed opportunity of playing in this arena of exposure every
year by
only winning their conference.
But, even if their team does not reach a BCS
game, recruits know that at least one team from their conference will participate
in a BCS game, thus improving the exposure of the entire conference. Coaches
from non-BCS conferences instead have to tell the same prospects, that to
receive that same exposure, their team would have to be ranked in the top
six of the
BCS. This obvious recruiting advantage becomes a self-fulfilling prophecy; “[t]he
teams outside of the agreement will not be going to prestigious bowls because
they are not as good, but the reason they will not be as good will be due
to the system that the teams in the BCS imposed upon them.” This
recruiting issue is evident in the 2002 recruiting class when only one non-BCS
school
had a top 25 recruiting class, which was BYU with a rank of 22.
In addition to the injuries of recruiting, the BCS creates financial injuries
to all non-BCS schools. As explained under the per se section, with an extra
$2 million per year, BCS schools are able to provide better facilities, equipment,
and coaches. “You spend money to make money. Football is the cash cow.
If you are in the BCS and making these revenues, it makes sense you are going
to pay your football CEO $1 million or more.” Currently, the top
14 salaries of college coaches are all within BCS schools.
Unlike BCS teams, non-BCS teams often lose money by attending non-BCS bowls.
The money received through conference sharing rarely, if at all, covers the
costs in participating in these non-BCS bowl games. Teams lose money when
they fail to sell a required amount of tickets, thus covering their cost
of travel.
This year, BYU, participated in the Liberty Bowl, in Memphis Tennessee.
BYU
received “a travel subsidiary of $698,550 to cover its Liberty Bowl
expenses.”
As Val Hale, BYU’s athletic director said, “‘[i]f we don’t
sell the tickets, we lose money.’” BYU was required to sell
8,571 tickets, at $35 apiece just to break even. But, BYU only sold roughly
5,500 tickets, requiring BYU to owe nearly $100,000 to the Liberty Bowl just
to play the game. With such an insignificant bowl
payout and conference share, BYU lost money by participating in a bowl game.
But, when conferences receive
a guaranteed $14 million from a BCS bowl game, all bowl bound teams are able
to cover their travel expenses and still receive a substantial amount of
money.
As Hale stated, “Unfortunately in our conference,
we don’t have
that money.” So, in reality, not only are BCS teams receiving more
than $2,000,000 than that of non-BCS teams, but also the financial loss of
non-BCS teams participating in a bowl game substantially widens the BCS gap.
Because of the inferior recruiting and lower financial benefits payouts,
the BCS has forced the non-BCS schools into “second tier status.”
The separation of division I-A college football into two tiers will also
hurt competition and detract “from the quality of the overall product for
consumers.” There are two major products derived from division I-A
football. The first product is the regular season games. The market of college
football is unique since “consumers of college athletics are to a great
extent motivated by emotional loyalty to a particular school.”
Though
many fans are drawn to any game between two powerful football teams, most
fans are only interested in a specific college “because they are personally
affiliated with one of the schools or because a team is affiliated with local
or regional college.”
As Professor Roberts suggested, “many
fans of the University of Cincinnati football team are not interested in Florida
State’s team even if it is the best team in the country.”[160]
Because of this unique character, college football is a very different product
and impossible to replace.
If the BCS cartel continues, the financial gap will
continue to widen and many colleges will be required to drop football all together. “Since
every division I-A team generally plays 11 or 12 games per year, for every
school that drops football, there is a decreased output of approximately six
[home] games available for consumers every year.”
This drop of college
football teams will be an obvious drop of quality and output since “loyal
fans of the affected school will have a poorer or no team to follow.” Furthermore,
this disparity may decrease the number of all non-BCS games, thus reducing
the overall product quantity of division I-A football.
With this financial disadvantage, not only will non-BCS football teams be
affected, but all university sports will be affected. Football, “on average, accounts
for two-thirds of schools’athletic revenues in the NCAA Division I-A.”
So, not only will the output of college football be affected, but also college
basketball, baseball, track and field, tennis, and all other college sports
will be financially impacted. The loss of college football will be the loss
of all sports at many NCAA Division I-A schools.
With the loss of division
I-A football, the number of students would be reduced, along with tickets
sales, and the amount of alumni donations. Entire universities could collapse
without
financial benefits of college sports. This potential loss is unacceptable,
but is a possible outcome of the BCS.
The second major product is the national championship game. The pinnacle
achievement of a team in college football is to be declared the national
champion of division
I-A. Without the sponsorship of the NCAA, any group competing against the
BCS cannot feasibly claim the NCAA division I-A champion. Any attempt to
crown
a national champion out of the remaining non-BCS teams would be mute and
would not receive the acceptance by the NCAA, the national media, or the
majority
of the NCAA division I-A teams.
In addition, this would reiterate the second
tier status created by the BCS. The only realistic proposal is to modify
the current system by reducing all anticompetitive restrictions and benefits.
These
alternatives will be discussed later under the lesser restrictive alternatives
section.
With sufficient anticompetitive effects, the burden of proof will shift to
the defendant (the BCS) to argue any procompetitive effects. One argument
is that a national championship is guaranteed, which increases interest and
overall
revenues. The BCS indeed creates a product very popular with consumers of
college football that was not available through the traditional bowl format,
and “this
popular product is the so-called ‘National Championship game.’” In addition to the one national championship game, the BCS claims to produce
three other highly touted bowls that provides excitement for coaches, players,
and fans.
In addition to a the BCS bowl games, the BCS argues the overall interest
in college football and college football bowl games have increased, thus
increasing
the financial benefits of all NCAA division I-A teams.
This argument is a
farce, seeing as the ratings for the four 2002 BCS bowl games dropped an
outstanding
22% from the previous year, the lowest rating ever for either the BCS
or the Bowl Alliance. According to ABC Sports, the BCS national championship
game between Miami and Nebraska drew only 13.8 national rating.
“ After
peaking with a 15.7 rating from 8:30-9:30 p.m. EST, viewership dropped to
13.6 from 9:30-10 p.m., and continued downward until the game ended,” this
was “22.5 percent lower than the 17.8 for last year's BCS title
game, when Oklahoma beat Florida State 13-2 in the Orange Bowl.”
With
the focus on one championship game, “[t]he public, with its television
clickers, seems to have clearly deserted the BCS three non-championship games,”said
Neal Pilson, former president of CBS Sports. “Only one game has any
significance.” With the focus of the bowl season on only one game, this declining trend
was also seen in the three other BCS bowls. The Orange Bowl between Florida
and
Maryland “posted a 9.5 national rating, down 27% from last year's 13.0
for the comparable Sugar Bowl matching Florida and Miami . . . Oregon-Colorado
Fiesta Bowl received an 11.3 rating, down 19% from last year's comparable
Rose Bowl. The 8.6 for the LSU-Illinois Sugar Bowl fell 20% short of last
year's
comparable Fiesta Bowl.”
That dropped this year's first three
BCS games to a combined overnight rating average of 9.7, 22% below last years
12.6
average. The BCS and ABC were not “helped in 2002 by a series
of blowouts, with the four top bowls decided by an average of 22.7 points
and
all pretty much were won by halftime.
Last year, the average margin in those
games was 17.5.” In arguing against the anticompetitive claims, the BCS claims of increased
interest and revenue are misleading. With this year’s national championship
game, the lowest rated “national championship game,”interest
and revenues were not sustained.
One reason why the BCS is losing revenues is that
it fails to actually match the top two teams in the nation. In the last two
years, there has been heated
controversy over which teams should be playing in the national championship
game. At the end of the 2000-2001 year, the BCS placed the University of
Oklahoma and Florida State University in the Orange bowl for the championship,
despite
the fact the Florida State lost to the No.3 ranked University of Miami, Florida,
during the season; Miami was only 0.041 points behind FSU.
Then again,
this year, when the BCS placed Miami in the Rose Bowl against the Nebraska,
the third ranked team from the Big 12. Nebraska lost to Big 12 champion
Colorado 62-36, which resulted in Nebraska being ranked No.4 by both
the media and coaches poll behind Miami, Oregon, and Colorado .
Coaches,
sports
writers, and fans around the nation argued that Nebraska did not deserve
to play for a national championship since they were unable to win their conference.
If by chance Nebraska would have beaten Miami, the national champion would
have been split with Oregon, the winner of the Fiesta Bowl. But despite
the controversial selection of the Rose Bowl championship teams, Roy Kramer,
co-founder of the BCS and former SEC Commissioner, continued to support the
BCS. In a radio interview with KOVO, a sports radio station in Provo, Utah,
he reiterated, that the BCS is not about conference champions, but about
the
best two teams in college football. Mr. Kramer also stated that even
though the BCS might not treat all division I-A teams equally, no system
could or
should be fair for all teams.
Another possible scenario that would put the BCS in doubt is if the top eight
ranked teams in the BCS’s ranking all came from non-BCS conferences.
If under the current BCS system, the top eight teams were non-BCS schools,
only the top two teams would play for in a BCS bowl game. The next six highest
teams under the BCS’s own system would be barred from participation.
Since 75% of the top teams in a season can theoretically be banned
from the top bowl games of the year violates the anticompetitive prong of
the rule
of analysis.
Despite the advantage value of a potential national championship game, the
monopoly prices takes much more away from the consumer. Though “the
championship game offers an attractive product to the consumers, this product
is a direct result of increased market power. The [BCS] substantially strips
the economic value of the product through monopoly pricing in order to benefit
its own [BCS] members.”
Lesser Restrict Alternatives
Though procompetitive effects of the BCS are arguably ineffective and under
debate, the burden will probably again shift to the plaintiffs to prove any
potentially lesser restrictive alternatives. “The BCS championship
is a fiction created by a handful of conferences and games to provide the
illusion
of a national title, but until their handing out a trophy with the NCAA logo
on it, it’s a counterfeit crown. And the sooner people [and the NCAA]
realize this, and reject the farce that is the BCS ranking system and the
entire bowl structure as it now exists, the sooner we can go to work on creating
a
real national championship.” There are several different philosophies
discussed in how to create an undisputed national championship without losing
revenue or interest. The general alternatives vary from the returning to
an open market bidding process after the NCAA selecting the top two teams,non-BCS
schools creating their own championship, tinkering with the current
BCS ranking system, or establishing some type of playoff system.
Based on the recent criticism of the 2002 championship game of Miami and
Nebraska, the BCS is considering altering the usage of computers in the BCS
format by
either entirely relying upon a mathematical formulation, or eliminating the
computers all together. Despite being a lesser restrictive alternative,
these commissioners continue to reject any playoff proposition; even a recent
proposal worth $3 Billion, believing a playoff would suck the life out of
college football.“If college football’s current system were replaced
by a bona fide playoff series, [according to Professor Roberts] ‘the
63 BCS conference schools would not be able to hog 93% of the $156 million
paid out by the various bowls and all of the $108 million paid out by the
top four BCS bowls. That is why [the BCS conference commissioners] keep extending
the TV BCS contracts well into the future, and refuse to let the NCAA football
issues committee even discuss a playoff –so that a playoff is never
possible.’”
Two lesser restrictive playoffs proposals
In analyzing the legality of the BCS, while considering the traditional and
practical aspects of college football, a lesser restrictive alternative is
to create an unbiased playoff. With a playoff, a true national champion will
be determined on the field, and not by a person or computer. Undeniably,
with a playoff interest would increase since more teams are vying for a title,
and
would allow fans to follow those “Cinderella”teams similarly
found in the NCAA basketball tournament. Several benefits of a playoff are
as follows:
(1) A postseason playoff system that will determine an undisputed National
Champion on an annual basis,
(2) Keeping the same bowl games of today, but utilizing them as playoff sites,
(3) All bowls, even the minor bowls, would increase gate and television revenue
due to the significance of the games and the quality of higher ranked teams,
(4) All bowls will capture a greater television audience and revenue, because
the major bowls will not be competing against one another on January 1st
for viewership,
(5) Schools are less likely to patsy their schedules to guarantee a perfect
or near perfect season so that they may in the (one game) BCS championship
at the end of the year. Instead the emphasis will be one of the Top 16 teams
and qualify for the post-season tournament.
(6) The postseason time frame would not be extended, thus not exceeding the
NCAA's 22-week season regulation. (Actual season = 20 Weeks)
(7) It would be easier to obtain and retain quality corporate sponsors for
the structured playoff games as television ratings increase significantly,
(8) The NCAA would receive a substantial increase in revenue to aid all,
both male and female, team and individual intercollegiate sports,
(9) The increase in revenue generated by the playoff structure could be distributed
amongst all participating and nonparticipating schools. Even if your division
I-A school never makes it to the tournament, it is still benefiting from
the structure. It is a Win-Win situation for all Division I-A Athletic Programs.
Earnings can be distributed proportionally.
In considering the conferences, the amount of teams, the additional games
to be played, and other factors, a 16-team playoff is the most feasible.
Within
this playoff, the most important aspect is the selection of the 16 teams.
The crucial factor in selecting teams is treating each team and conference
equal;
no special privileges can be given to any conference. To reduce any anticompetitiveness,
all teams most have the same chance of reaching the playoffs and becoming
a national champion. Under one plan, the 11 conference champions are guaranteed
a playoff spot, with the NCAA selecting the “best”five remaining
at-large teams.
The guarantee of each conference champion, instead of
a selected elite few, equalizes the competition and market between conferences.
No longer will post-season bowl games be chosen by affiliation, but instead
by merit alone. No longer will there be pre-selected perpetual elitist status
given to conferences and teams. Prior to any given season, every team has
the same chances to win a national championship. The current philosophy, “hey
we’ve been successful over the past several years so we deserve privileged
status for this upcoming year”will be eliminated.
Another playoff alternative forgoes automatic selections of conference champions,
and only the top 16 ranked teams are chosen.
This selection process
treats all teams equally, prevents any unqualified or undeserving conference
champion
from competing for a national champion, and only selects the nation’s
top teams with the best overall weighted record. After the season is over,
the top 16 teams with the most points are invited to the post-season playoff.
The determination of the either the five at-large or top 16 teams, depending
on which playoff systems is used, must also be free from all bias from any
individual or computer. To equalize competition, all factors that favor a
specific conference or team should be eliminated. The strength of schedule
and quality
win components, along with the computer rankings are bias towards the current
BCS teams.
In a perfect system, it could be determined by the
final rankings in the AP and ESPN/Coaches Poll since any media writer or football
coach
should be taking into consideration each teams specific schedule, wins over
ranked
opponents, and considerably more factors, like margin of victory, number
of games played, weather conditions, traveling, injuries, and many more.
But unfortunately,
the Coaches Poll and Media Poll are also extremely biased and a new ranking
system has to be created.
This new ranking system should be exclusively based on a team’s ability
that particular season. With such a limited amount of information, the best
way to determine a team’s ranking is factoring a team’s amount
of wins and the number of wins of each defeated opposing team. Under this ranking
system, each team will get three points per victory, plus one point for every
win of a team that they defeated. In the pursing weeks, each additional victory
the defeated team earns, each team that beat that team will also earn one point.
For example, if Tulane beat Virginia Tech, a team with a record of 8-2, Tulane
would receive 11 points more points toward their ranking. (3 points for the
victory + 8 points from Tulane’s wins. (3+8=11)). If two weeks later,
Virginia Tech is 10-2, Tulane will have earned two more points. Under this
system, each team starts out with zero points, and the final ranking is based
on each team’s victories over quality components.
To guarantee as much
equality as possible, each team should play the exact same amount of regular
season games, possibly 10 or 11. If a team chooses to play a division I-AA
team, the I-A team will receive three points for a victory, but will not receive
points for each win of that division I-AA team. Though, each division I-A team
that beats any team with a victory over a division I-AA will earn that respective
point.
For example, if San Diego State beat division I-AA Montana, which has
a record of 10-1, San Diego State will only earn three points, but if the University
of Utah beat San Diego State, Utah will earn three points, plus a point for
San Diego State’s victory over Montana. This same philosophy will also
apply to Preseason games.
Indeed this ranking system is not perfect. One concern
is that an undefeated team still might not be highly ranked if every team
they beat failed to win
a game. For example, Syracuse finished with a record of 11-0 with all swins
against winless teams (33 points), they would be ranked lower than a 6-5
Washington State with wins against six teams with three wins each (36 points)
Though
under the first playoff system, by having an undefeated season, Syracuse
would have won the Big East Conference and would have received an automatic
bid to
the playoff. Though, if Syracuse was independent, no automatic bid would
be rewarded, and they probably would not have enough points to reach the
playoffs. But, if effectively evaluating each team is indeed the purpose
of this ranking
system, victories over winless teams fails to provide adequate measurement.
Despite being imperfect, this ranking places the greatest weight on the number
of each team’s victories, specifically benefiting those teams that beat
teams with more victories while hindering those teams that beat teams with
few victories.
Though the ranking will not be effective in determining
a ranking during the first half of the season, the outcome is all that is relevant.
Under the first playoff alternative, the conference champions
and the five “at large”teams are seeded 1-16 by their Hales Rank,
with the top rated team playing No.16, No.2 playing No.15, and so forth.
Under the second playoff alternative, the top 16 teams are seeded 1-16.
The victor of each round moves on to play the next round, until two teams
played their way to the national championship game.
This new ranking system will base each teams “ranking”solely
on their performance on the field, and will like wise produce the true national
champion under a lesser restrictive means. There will be no individual biases
of teams, coaches, or sports writers; no complaining about quality of components;
no prejudicial pre-season rankings; no conference favoritism; and no anticompetitive
issues.
Though a playoff would be extremely beneficial, it
does have a negative side. One concern is that a playoff will not guarantee
a match up of the “top
two teams in the nation each year, since upsets might commonly allow a lower-ranked
team to advance over a higher-ranked opponent in the playoff.” Though
a playoff does not assure a title game of the two highest rated teams, as
with every other high school, collegiate, and professional sport, a playoff “exemplifies
basic fairness and open competition.” With a playoff, interest is
increased with the “underdog,”or Cinderella stories often seen
in college hoops, i.e., Villanova and North Carolina State. But, under
the current football system, “there can be no Cinderella stories.”
However, with a “16-team playoff, unsung teams would be afforded the
opportunity to go toe to toe with college football’s elite.”
Another concern with creating a playoff is the potential elimination of several
bowls and their revenue. With a playoff, the current bowls could easily be
infiltrated as regional playoff locations. With the majority of current
bowls hosting playoff games, not only will the current BCS bowls generate
more money and interest, but so would the revenue of “lower tier”bowls.
Under the current bowl format, only one bowl game determined a national champion;
but under a playoff, 15 games would be needed to define the champion. Since
each playoff game would be important, interest and revenue would substantially
increase. If additional bowl games outside the playoff desired bowl games
for non-playoff teams, than these bowl games would have the same level of
interest
and production as non-BCS bowl games currently create, thus no output would
be lost.
In addition to the concern regarding the interest and revenue of the current
bowls, a different concern of creating a playoff is the potential disinterest
of the regular season. This concern is a ridiculous, for a playoff under
the Hales Ranking System would significantly increase the level of interest
of
each regular season game. For not only will each fan be concerned with their
particular team’s record, but fans will become interested in each game
of each team that their team defeated. With this overall increase in the
interest in the college football season, revenues would also drastically
increase.
A further concern with forming a playoff is the creation and scheduling of
additional games. In addressing the amount of games, the concern is the burden
it will be on the players and teams. Though, despite this concern, any playoff
would not impose an excruciating burden on any team. “If you truly limit
everyone to 11 games and install a playoff system, there would be eight teams
finishing with 12 games, four playing 13 games, two playing 14, and two playing
15.” As seen in the past, BYU has successfully completed 15 and
14 game schedules, Fresno State has played 14 games, and several teams have
finished with 12 games. Since fewer and fewer teams are playing more than
an 11-game season, the concern of an extended season is obsolete.
The other issue associated with additional games is the potential scheduling
conflict with college finals and the oncoming National Football League (NFL)
playoffs. With most college football seasons starting in the last weekend
in August and ending in the first weekend in December, 15 weeks are provided
to
play the regular season. If each team is limited to 11 games, that provides
four extra weeks through out that time. If each team is only given a maximum
of two bye-weeks, and the regular season concluded on the third weekend
in November, there is ample time to schedule additional playoff games. Within
this time frame, there are several ways to schedule a playoff. One example
is to play the first two rounds on the last weekend in November and the first
weekend in December. Than take off two weeks for finals, and play the final
two rounds on the last weekend in December and the first weekend in January.
To keep the tradition of a New Years Day bowl game, the schedule could be
adjusted to hold the title game on January 1st, with the third round of playoffs
a week
or 10 days previous. This would still provide ample time for school while
avoiding the NFL. From the end of August to the beginning of January, there
are about
20 weeks to successfully schedule an 11-game regular season and four-round
playoff. At the most, 15 games will be played in 20 weeks.
Despite these concerns, the major obstacle in creating a playoff is the abandonment
of the BCS. The BCS conferences teams will not enthusiastically give up their
elite status and guaranteed millions of BCS money. The only way for the BCS
to be dethroned is action from the NCAA or the court system.
No matter how any playoff system is organized, the NCAA must regulate and
control the NCAA post-season. With a standardized playoff organization sponsored
by
the NCAA, “you won’t have the current situation where teams are
frequently selected not because of worth, but because the ‘travel well,’which
is to say brings lots of fans who spend money, or are good for the ratings.” As
the NCAA professes, the goal of the NCAA is to administer national championships.
The administration by the NCAA is dispositive to the success of any alternative,
for any private organization has the potential to become corrupt, as the
BCS. For the BCS is a cooperation of six conferences to financially benefit
those
six conferences while financially destroying all other conferences.
To maintain the competitive balance of college football, all money generated
will be distributed among all division I-A teams, preventing the expanding
deficit currently created by the BCS. Though money can be proportionally
distributed by the success of the team and conference in the playoff, it
is important “in
an industry where the quality and quantity of the output depends on maintaining
athletic competitive balance across the industry, it is crucial that revenues
be distributed in a manner that allows all teams to remain able.”
CONCLUSION
The BCS undermines the fundamental values of intercollegiate athletics, the
education of amateur student-athlete, and accelerates and magnifies the perverse
commercial motivations. The BCS hinders the production and competition of a
significant portion of division I-A football teams, and the NCAA as a whole.
Though each team does not in reality have equal talent
and ability, the market must be open for each team to compete despite their lack
of talent. Because
of arrogance and bias, barriers of entrance have created financial gaps within
the market of college football to an extent that productivity is threatened.
Under both the per se and rule of reason analyses, the
BCS fails.
Instead of the BCS, a lesser restrictive alternative is to create a 16-team
playoff under a new ranking system that only uses each team’s wins and
the accumulation of wins by each team’s defeated opponent.
This system
created within this paper provides a more productive and competitive market
for college football.
[Editor's Note: Statement regarding
the Final BCS Standings Dec. 7, 2003 -- From PAC-10 Commissioner
Tom Hansen
-- "...
it is most unfortunate that elements of the BCS Standings have
overruled the two polls and taken USC out of the National Championship
Game because it will generate criticism of the BCS system, which
the Pac-10 has consistently supported."As always, the BCS
will review this year's results and determine whether changes in
the Standings structure seem warranted prior to the 2004 college
football season." ]
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