Varney answered: "Senator, my view is that sports are business. They're a big business, whether they're in college or out of college. All of these enterprises are subject to the antitrust laws. We will obviously investigate, thoroughly pursue, and bring the appropriate action against any enterprise, whether it's sporting or otherwise, that's in violation of the antitrust laws."
Leibowitz added: "When Senator DeWine and Senator Kohl took over the Antitrust Subcommittee in, I think, 1997, and I was one of the staff directors, the first hearing we did was on the BCS (the Bowl Alliance). And at that time, it seemed to us, and you know this, that it was a bunch of big, large competitors who got together and excluded some of the little guys."
Bottom line on this exchange? It showed the nation's chief antitrust regulators will not hold the BCS to a lower standard because it involves games. The BCS is an economic actor liable for review and legal ramifications.
If you think about it, college football remains blatantly unfair because of the exclusive and restrictive BCS. You have to look no further than non-BCS schools dominating in other sports this year.
Butler, once No. 5 in the state of Indiana's pecking order of basketball programs, made the NCAA Final Four. Little Augusta State just edged powerful BCS kingpin Oklahoma State for the NCAA golf championship. And TCU, the Mountain West's non-BCS baseball champion, just upset top-ranked Texas to make it to the College World Series.
Football and the BCS should take note: When the playing field is level, the elite are challenged.
Even in Tiddly Winks, we call that fair.
e-mail: dharmon@desnews.com
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