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Full Version: calling all lawyers....
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i am seeking input on the lawsuit the nit has filed against the ncaa. i figured that when i wanted tangible legal analysis, i needed to go straight to the top, so naturally i came here.

am i mistaken in thinking that this is an absolute joke?? for those that are not familiar with the situation, the nit has filed a lawsuit against the ncaa claiming that requiring teams that qualify for the ncaa tournament to play in that tournament violates antitrust laws. basically, they feel that teams should be given the option as to what tournament they want to play in. in theory, this could lead to a split nationalt championship in basketball.

here is the article:

<a href='http://sports.espn.go.com/ncb/news/story?id=1783719' target='_blank'>http://sports.espn.go.com/ncb/news/story?id=1783719</a>

now here is why i think this is ridiculous:

as far as i know, the ncaa is not a corporation. it is a self governing body. it is made up of the very same people that it is governing. if i'm not mistaken, the promoters and organizers of the nit consists largely of corporate sponsorship unrelated to the governing body of the ncaa.

my question is how in the hell can they legitimately file suit against an organization that is (in theory anyways) not a business or a corporation and call it an antitrust suit?? essentially, the nit is filing charges against a governing body (NOT a corporation) that presides over something they are not a part of. it sounds to me like the nit is trying to challenge their own rules. not to sound like a broken record, but the rules the nit is challenging do not pertain to them because...THEY ARE A SEPERATE INTENTITY FROM THE NCAA!!!

why is this not completely bogus?? what am i missing?? one would think this would be laughed out of court. to me, it sounds like it would be no different than myself starting a political newspaper, and then when i cannot get the exclusive interviews with top ranking politicians, i sue the us government and challenge their policies in dealing with the media. in a more practical example, that would be like the orange bowl wanting to invite nfl teams as well as college teams, and then suing the nfl when they say they won't allow the teams to play in the game.

am i right?? seriously, am i right??
Xubrew:

There are so many issues going on here. First of all like you pointed out The NCAA Basketball Tournament isn't really like the Fortune 500 "white collar"corporation we all evision, but it certainly rakes in the big money like a major corporation each year through various means, and currently has a 11 yr. 6.2 billion dollar contract with CBS. In reality it is a corporation. The NCAA especially in basketball (in my opinion) definitely has a monopoly over colloge hoops. Do we as the consumer want that to change? I personally love the system currently, and all the ferver that plays into The climax of "March Madness". Is the NCAA bball dominance fair to other competitors under the anti-trust laws? I'm thinking this NIT case might stand a chance of winning in court. But in the end it is the consumer who will make the final choice of what set up they want to watch.
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