In a letter, yesterday, to the Federal Trade Commission, Department of Justice,
and New York Attorney General Spitzer, the American Antitrust Institute called for
investigation of the private antitrust settlement in which the NCAA and the NIT agreed
to merge their tournaments. In its settlement with Metropolitan Intercollegiate Basketball
Association, NCAA agrees to purchase the National Invitational Tournament for $40.5
million, plus $16 million to settle the suit, which is pending in the the SDNY federal
district court. (ESPN.com, “NCAA buys tournaments, ends NIT litigation,” by Andy
Katz, Aug. 17, 2005; Sports Law Blog has a case summary and an analysis of
the settlement; Skip Sauer at Sports Economist has also looked at the case and
the settlement).
In calling for an antitrust merger investigation by one or more of the agencies,
the AAI letter, signed by its Vice President Diana Moss, explains, in part:
Even a cursory look into the proposed settlement raises serious questions
about the health of competition in post-merger markets. For example, the
NCAA would be in a position, post-merger, to impose its “mandatory participation”
rule for both the NIT and its own tournaments. This would erect an insurmountable
barrier to entry into post-season play. In enhancing their market power in acquiring
tournament teams, the NCAA would in turn enjoy significantly more market power
in sales of broadcast rights, sponsorships, concessions, and event tickets. The
proposed deal thus packs a double punch for consumers. Schools would have fewer
options and face potentially non-competitive terms for post-season tournament play.
And sponsors and consumers of the tournament games would potentially face higher
prices.
Based on information that is publicly available, AAI believes that there is a significant
probability that the effect of the proposed merger may be to significantly lessen (or
eliminate entirely) competition between organizers in acquiring men’s Division I basketball
teams for participation in post-season tournaments. NCAA President Myles Brand could
not have said it more succinctly when he noted in regard to the August 16th settlement:
“We’ve now unified post-season basketball.”
The merger would spell an end to the NIT which, once upon a time, was an equally-matched
and vigorous competitor to the NCAA. But a series of actions by the NCAA has diminished
that competition, to the detriment of consumers. The proposed consolidation would further
hurt consumers and preclude the emergence of a stronger rivalry between the NCAA and NIT
(and with respect to new upstarts). An antitrust investigation of the merger could focus on
such key issues as market definition (which was controversial in the MIBA v. NCAA litigation);
the significant potential for unilateral exercise of market power; and the entry barriers created
by the merger. Moreover, the inquiry should extend to the likely effects of the merger on pre
season tournaments by giving the NCAA the “green light” to enact a pending rule that
would replace independent tournaments with events the NCAA can control.
(Sept. 13, 2005)
Of course, few readers of this weblog are old enough to remember the time when the NIT “was
an equally-matched and vigorous competitor to the NCAA.”
update (Sept. 14, 2005): See our follow-up, not just NIT-picking.
the bounce
of raindrops
on the basketball
Frogpond XXIII:3 (2000)
boy shooting baskets–
deep snow piled
all around him
from Fresh Scent
p.s. Hey, haijin, how about some basketball
haiku and senryu?
update (7 PM): Our Haiku Hotdog Ed Markowski has
already provided us with a benchful of haiku and senryu.
See this Comment. Here are three of ’em:
city moon
my basketball flattened
by a shard of glass
stiff march wind
the sound
of an airball
game winning shot
the big man
palms my head
“BBallHoop”
September 13, 2005
antitrusters question NCAA purchase of NIT
4 Comments
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dave, i’m taking you up on the invitation. ed /
one on none
cheerleaders pass
on their way home from practice
city moon
my basketball flattened
by a shard of glass
stiff march wind
the sound
of an airball
game winning shot
the big man
palms my head
spring equinox
the seamlessness
of his crossover dribble
one on none
i wink to a girl
i’ve dressed in tight levi’s
500 jumpshots
in a veil of snow
march madness
Comment by ed markowski — September 13, 2005 @ 7:19 pm
dave, don’t tell me you couldn’t see this coming when you extended that invitation.
Comment by ed markowski — September 13, 2005 @ 9:09 pm
Manhattan /
the shadow of a skyscraper falls across /
the basketball court /
Highway One /
ten feet up the Sequoia /
an orange hoop
ok dave, that’s a bit a bball around the usa. the highway one piece is from a roadtrip in 1974.
Comment by ed markowski — September 13, 2005 @ 10:38 pm
dave,
i cannot rest!
ed
calligraphy class
the point guard
pens a nike swoosh
basketball season
the scent of wintergreen
seeps from the gym
Indiana farm
one tractor
three hoops
Kansas
above the wheatfield
a basketball hoop
Kentucky homestead
after the harvest
a game of three on three
Comment by ed markowski — September 13, 2005 @ 10:27 pm