I don’t think antitrust principles would benefit/protect BYU in that scenario

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Aug 2, 2020
8:44:26pm

Linescratcher Truly Addicted User

I don’t think antitrust principles would benefit/protect BYU in that scenario

ND isn’t an Indy like BYU is an Indy. ND would be accepted instantly by any P5 conference. BYU would instantly accept an invite by any P5 conference.

I think there’s a good argument about why teams would want to exclude BYU, but relying on antitrust law isn’t gonna work out well for BYU.

This message has been modified

Originally posted on Aug 2, 2020 at 8:44:26pm

Message modified by Linescratcher on Aug 2, 2020 at 8:49:24pm

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Linescratcher

Bio page: Linescratcher
Joined: Dec 21, 2010
Last login: Jun 22, 2021
Total posts: 15,086 (4,281 FO)

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Messages

Author

Time

They couldn’t exclude BYU, and they wouldn’t want to.

8/2/20 7:43pm

How does that differ with the other independents? Or does it?

8/2/20 7:46pm

What line can you draw that includes ND and a low-level P5 but excludes BYU?

8/2/20 7:59pm

Conference affiliation. ND would be a part of the ACC.

8/2/20 8:00pm

ND?

8/2/20 8:01pm

ND has a standing invite from ACC. BYU does not.

8/2/20 9:14pm

Why does ND have to accept the invite? They aren’t making them.

8/2/20 9:27pm

The issue is you’re conflating ND’s status and an Indy w/ BYUs. They’re not same

8/2/20 9:36pm

Try me.

8/2/20 9:47pm

Criteria is P5 + ND. That’s it. Doesn’t violate antitrust

8/3/20 5:18am

Why do you think that would not raise antitrust issues?

8/3/20 7:16am

first off, you have the burden of proving the antitrust argument

8/3/20 7:38am

Two big problems with your argument, including the burden-shifting bit.

8/3/20 7:57am

i'm talking about *your* burden shifting.You haven't explained why its antitrust

8/3/20 8:27am

I don't have a burden on Cougarboard. I asked you why you think what you do.

8/3/20 8:37am

traditionally, in any sort of rhetorical debate

8/3/20 8:49am

Oh, geez, you lost me in the first line. Didn't bother reading the rest.

8/3/20 9:05am

I mean, every one of the P5 has the opportunity to invite us right now. The Big12 or pac12 could probably invite us and

8/2/20 7:56pm

They aren’t inviting us to join the conference. But they’ll still play us.

8/2/20 8:12pm

Sure but this hypothetical break away would be an actual contractual affiliation. Not just games. BYU is only going to

8/2/20 8:21pm

Why?

8/2/20 8:25pm

So wouldn’t that be true of every school in the nation with a FB team?

Traveshamockery

8/2/20 7:56pm

No. You can set standards for inclusion. But BYU would meet them.

8/2/20 8:00pm

What if one of the standards was “not a Mormon school” or “cannot exclude people

8/2/20 8:09pm

That line would pay for the tuition of many lawyers’ children.

8/2/20 8:14pm

What if the standard is LGBTQ inclusive?

ReyOso

8/2/20 8:21pm

Then Baylor is out

8/2/20 10:50pm

And Notre Dame.

Benfica1

8/3/20 8:40am

Unless you do conference affiliation. ND joins ACC to be included, and everyone

8/2/20 8:23pm

A. Antitrust. Don’t think you COULD do that. B. Purpose. Why would you?

8/2/20 8:26pm

I hate to say it but BYU doesn’t register a blip on any P5 conference radar

NorCal_Coug

8/2/20 8:31pm

Get over your self-loathing and look at the facts.

8/2/20 8:43pm

Yes, look at the facts... they’ve never been inclusive of BYU.

NorCal_Coug

8/2/20 8:55pm

Sure they have.

8/2/20 9:00pm

You’ve got a moral argument for BYU. Not an antitrust argument.

8/2/20 9:12pm

I have a moral, antitrust, and economic argument.

8/2/20 9:52pm

LOL, 👌

NorCal_Coug

8/2/20 11:13pm

The way we've played lately there's no way BYU makes a 30-team cut.

BleedCougarBlue2

8/3/20 1:46pm

You could say the same about a bunch of P5 schools

SUAVO

8/3/20 1:52pm

Very true. I take comfort in the fact that nobody seems to want to do that. Yet.

8/3/20 2:01pm

Many teams currently in the P5...

trigg3r

8/2/20 8:39pm

I don’t think antitrust principles would benefit/protect BYU in that scenario

8/2/20 8:44pm

They won’t need to as long as we haven’t withered on the vine in the meantime.

8/2/20 8:49pm

you’d have to argue that the current P5 exclusion of BYU violates antitrust

8/2/20 8:55pm

Huge difference between exclusion from conference versus the entire league.

8/2/20 9:01pm

Right now, BYU is excluded from P5. Nd is not

8/2/20 9:11pm

If the Big 5 conferences break from the NCAA to set up their own set

Stalwartbob

8/2/20 9:28pm

Huge difference between exclusion from a conference versus an entire league.

8/2/20 9:36pm

The B12? League, conference call it what you want.

Stalwartbob

8/2/20 10:00pm

No, the 60+ team league.

8/2/20 10:05pm

The FBS group of Div. 1 colleges is is an organization that has contracted with

Stalwartbob

8/2/20 10:49pm

I'd love to see your citations on the antitrust law issue, because I'm skeptical

8/3/20 6:50am

Start with NCAA v. Oklahoma.

8/3/20 7:57am

and end with it because that case says nothing about this hypothetical.

8/3/20 8:11am

No, end it because they will want to bring BYU along anyway.

8/3/20 8:17am

as I've said all along, I agree on that point.

8/3/20 8:30am

If the P5 really wanted BYU in their club, we'd be in already

8/3/20 8:30am

I'd disagree with that, slightly

8/3/20 8:36am

But there's a difference between adding BYU to a P5 conference

8/3/20 8:42am

maybe, but that's only if they go the route of using current P5 status

8/3/20 8:53am

Yeah, it's hard for me to envision a scenario

8/3/20 10:06am

RE: maybe, but that's only if they go the route of using current P5 status

bluenowandforever

8/3/20 1:10pm

They don’t have ND treatment today...

NorCal_Coug

8/3/20 10:23am

Yes, I'm aware of that...that's the whole point

8/3/20 10:41am

The NCAA vs Okla case was about television rights, not one group excluding

Stalwartbob

8/3/20 9:54am

there's really good arguments for why a new division would want BYU

8/3/20 9:59am

They do protect organizations from forming cartels and excluding participants.

8/3/20 10:07am

If these teams want to keep tax exempt status, they have to provide a reasonable

Lance71

8/3/20 10:37am

citation for idea that tax exempt status is based on criteria for P5 exclusion?

8/3/20 11:07am

All tax exempt organizations have to have a basis for inclusion.

Lance71

8/3/20 2:07pm

What tax exempt organization are you referring to?

8/3/20 2:22pm

Where has BYU been barred from admittance because of race or gender?

Stalwartbob

8/3/20 11:26am

The thread is about a hypothetical situation where a group of schools break off

Lance71

8/3/20 2:09pm

Thanks, I see that. My question is has it been denied entry due to

Stalwartbob

8/3/20 3:54pm

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