Senator Hatch Wants BCS Investigated

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Utah senator Orrin Hatch spelled out what he believes are the disparities of the Bowl Championship Series during a subcommittee meeting on July 7, telling members of the committee on antitrust oversight that a Justice Department investigation into the BCS is warranted.

Hatch left the July 7 session without specifically citing any proposed changes to the BCS, instead spelling out his reasons why the system may not in fact comply with the law.

Justice Department spokeswoman Gina Talamona said: “We’re aware of his request and will respond as appropriate.”

“The purposeful disparities in funding created by the BCS ensures that schools in privileged conferences, even those whose football teams are not all that competitive, enjoy advantages in offering scholarships and providing staff and facilities for all their athletic programs,” said Hatch.

“The increased visibility that accompanies automatic qualification into a BCS game guarantees that the teams from outside conferences face disadvantages with regard to recruiting players and hiring top coaches.”

“Yet, after the 2008 season, when the flaws in the BCS system were made more obvious than ever, the architects have sought to extend the status quo for the foreseeable future.”

The monetary chasm between the BCS conference schools and the smaller institutions was the thrust of Hatch’s argument.

But rather than focus on the monetary issue, Hatch has other ideas regarding the BCS, namely calling into question what he believes is a violation of antitrust laws.

He noted Section 1 of the Sherman Antitrust Act that prohibits contracts, combinations or conspiracies to limit competition.

He pointed to Section 2 of the same act when noting the BCS has, in the language used in the document, “monopoly power and uses that power in a way not associated with growth or development as a consequence of having a superior product or business acumen.”

Hatch noted the Utah Utes were left out of the BCS national championship discussion last season despite finishing the regular season undefeated.

The Utes won the Mountain West Conference but instead of playing for the BCS national championship, they ended up in the Allstate Sugar Bowl where they defeated Alabama 31-17.

Barry Brett, a lawyer for the Mountain West, echoed the comments Hatch made regarding the league being left out of the BCS title game discussion.

Brett called the BCS “a naked restraint imposed by a self-appointed cartel” in written testimony, and said that a Justice Department investigation would serve the public interest.

There are 11 Football Bowl Subdivision conferences under the BCS format, with six of those – the ACC, SEC, Big East, Big 12, Big 10, and Pac-10 – all guaranteed of having their respective conference champions appear in at least one of the four BCS bowls.

The other five conferences – the Sun Belt, WAC, MAC, Conference USA, and the Mountain West – can only earn a berth in a BCS bowl if one of their member teams is ranked at least in the top six of the final BCS rankings.

This marked the second BCS hearing this year and third in the last 12 months, with an earlier debate held by Texas Congressman Joe Barton in a House of Representatives subcommittee meeting in April.