Law Firm Arent Fox Submits Report to Department of Justice, Claims BCS Violates Antitrust Laws

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The law firm of Arent Fox – legal counsel for Boise State University and the Mountain West Conference on matters pertaining to antitrust law and the BCS – recently submitted a report to the Department of Justice arguing that the BCS violates antitrust law.

In its 28-page report, Arent Fox identified what they contend are 22 “Tall Tales” regarding the BCS and how the system adversely affects non-automatic qualifying conferences.

Having read the entire report, several of the “tales” Arent Fox uses to attack the BCS are misrepresentations of facts, half-truths, or in some cases, completely irrelevant to the discussion of whether the BCS violates antitrust laws.

Additionally, Arent Fox consistently mentions a playoff system as an alternative to the BCS.

If this report is intended to give the Department of Justice a reason to investigate the BCS for violations of antitrust laws, how does mentioning a playoff system with frequency support their argument?

Many of the assertions made within the report are true, but its obvious bias against the BCS, support of a playoff system that would benefit Arent Fox’ clients and expressed desire to see government intervention resolve college football’s issues is going to cause more harm than good.

Someone who understands the BCS and has a strong knowledge of college football history can easily debunk at least a third of the arguments presented in the report, and could do so even if they didn’t have a legal background or knew much about antitrust laws.

If the Department of Justice proceeds with an investigation into the BCS as it pertains to antitrust laws based on this report from Arent Fox, then justice will not be served.