WASHINGTON (AP) — 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.
Of course, the fact that regulation of college sports does not appear to be within the powers granted to Congress by the Constitution, or within the powers of the President, is something that neither Welch nor Hatch seems very concerned about.