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The Obama administration is considering several steps that would
review the legality of the controversial Bowl Championship Series,
the Justice Department said in a letter Friday to a senator who had
asked for an antitrust review.
In the letter to Sen. Orrin Hatch, obtained by The Associated
Press, Assistant Attorney General Ronald Weich wrote that the
Justice Department is reviewing Hatch's request and other materials
to determine whether to open an investigation into whether the BCS
violates antitrust laws.
"Importantly, and in addition, the administration also is
exploring other options that might be available to address concerns
with the college football postseason,'' Weich wrote, including
asking the Federal Trade Commission to review the legality of the
BCS under consumer protection laws.
Several lawmakers and many critics want the BCS to switch to
a playoff system, rather than the ratings system it uses to
determine the teams that play in the championship game.
"The administration shares your belief that the current lack
of a college football national championship playoff with respect to
the highest division of college football ... raises important
questions affecting millions of fans, colleges and universities,
players and other interested parties,'' Weich wrote.
Weich made note of the fact that President Barack Obama,
before he was sworn in, had stated his preference for a playoff
system. In 2008, Obama said he was going to ``to throw my weight
around a little bit'' to nudge college football toward a playoff
system, a point that Hatch stressed when he urged Obama last fall
to ask the department to investigate the BCS.
Weich said that other options include encouraging the NCAA to
take control of the college football postseason; asking a
governmental or non-governmental commission to review the costs,
benefits and feasibility of a playoff system; and legislative
efforts aimed at prompting a switch to a playoff system.
Weich noted that several undefeated teams have not had a
chance to play for the national championship, including TCU and
Boise State this year and Utah last year.
"This seemingly discriminatory action with regard to revenues
and access have raised questions regarding whether the BCS
potentially runs afoul of the nation's antitrust laws,'' he wrote.
Hatch, a Utah Republican, was steamed that his home state
team was deprived of getting a chance to play for the title last
year.
"I'm encouraged by the administration's response,'' he said
in a statement. "I continue to believe there are antitrust issues
the administration should explore, but I'm heartened by its
willingness to consider alternative approaches to confront the
tremendous inequities in the BCS that favor one set of schools over
others. The current system runs counter to basic fairness that
every family tries to instill in their children from the day they
are born.''
Under the BCS, the champions of six conference have automatic
bids, while the other conferences don't. Those six conferences also
receive more money than the other conferences, although the BCS
announced this week that the ones that don't have automatic bids
will receive a record $24 million from this year's bowl games.
BCS officials did not immediately respond to a request for
comment.
