I don't see what bearing that has on supposedly independent bowls and conferences colluding with each other to exclude a third party. Conferences and bowls aren't capable of violating anti-trust laws because the NCAA can't or won't exercise control over them?

That the non-cartel conferences are accepting a hefty bribe in exchange for tolerating the arrangement removes their impetus to sue, but the fact that they're *receiving* the bribe certainly indicates that the cartel thinks payoffs are a surer bet than relying on victory in litigation. BYU receives only a tiny bribe and has no access to the guaranteed non-cartel consolation slot, so would have little to lose from suing if they think they're being frozen out.

The BCS expanded access to non-cartel schools considerably when legal action was threatened, I don't know why it would be different if history repeated themselves. It would actually give them a fine excuse to expand the playoffs and make more money for themselves.