MEGA Conference Realignment and lawsuits Megathread: Stories, Tales, Lies, and Exaggerations

[skyman]

I got a really bad feeling about all of this. We don’t have a ton of leverage in this situation. And no one wants to deal with Miami as a powerhouse in the sport. Could very easily get boxed out of realignment in some sort of collusion-type manner.

A late night friday flip with ACC already giving blessing for self preservation as a bottom dweller taking us down with them is not looking good.. locking us in this crap conference

 

[Shogungts]

I wonder if there is a chance Trump makes some form of this law via executive order. That would open it up to change by the next administration but it could be a path to land this if congress can't get it done.

Btw... I hate the 19 cap. It's the worst of all worlds for the upper echelon ACC teams. Less spots than deserving teams.

You can't make laws by executive order which is one of the reasons that most of his executives orders aren't enforceable.

 

[cookies]

One thing that would trouble this bill very early on is if the cap amount is significantly under money paid out to student-athletes at a plethora of programs. It’d clearly fall into a restriction of market value which justice Kavanaugh outlined as an improper way to promote competitive rules; and in fact, would go against the very nature of antitrust law despite a limited antitrust protection given to them by Congress.

 

[Handsome Squidbum]

I dont see how this is being overlooked, it literally went from dead to fast tracked late friday night with all types of revisions and miami is not beneficiary of any of this, ACC basically has no seat and just with a neutered tv 360 deal..

I read that the Senate may not vote on it until next Saturday, and that would require extending the session and summer break.

 

[Handsome Squidbum]

One thing that would trouble this bill very early on is if the cap amount is significantly under money paid out to student-athletes at a plethora of programs. It’d clearly fall into a restriction of market value which justice Kavanaugh outlined as an improper way to promote competitive rules; and in fact, would go against the very nature of antitrust law despite a limited antitrust protection given to them by Congress.

anti trust law is f#cking complicated. The only thing I am somewhat certain about is that the Supreme Court gives a lot of deference to Congress when it makes anti-trust rules. Basically Congress creates the exemptions and then can set almost whatever terms it wants.

 

[SyracuseMiami]

Executive Orders aren’t laws. They still have to get passed through Congress

I understand executive orders are not law. I was just pointing out if Trump also wants to see this done he could do it by executive order.

 

[Canesfan1993]

The 19 cap won't survive the House. The conferences approving the Senate bill was step one in getting something done ... with Trumps push. The House will have THEIR reaction to the P2 conference objections and either modify or remove the P4 conference membership cap. Even if they don't you can expect schools that WANT to move (with conference approval already agreed to) to announce their intent prior to the bill being signed by the president. B10 wants 24. Nobody wants 19.

You're speaking with a certainty i would advise against when it comes to dealings with the federal government. Many, myself included, didn't think it would get this far 48 hours ago. Stuff happens. And the house is far more volatile than the senate. Not saying it passes at all but to definitively say miami has nothing to worry about at this point is naive imo. Luckily we wont have to wait long to see whats what. In joe we trust.

 

[cookies]

The House doesn’t return for recess until august 31st. They could very well make changes to the bill, but if they do so, then the Senate would have the opportunity to do so as well; setting off a game of Congressional ping-pong. I think Trump’s involvement will create just a straight up vote on this by the House rather than an amending process.

see some people saying that media rights pooling was taken out of the bill but that isn’t true from the summaries I’ve read

On media, the bill creates a targeted antitrust exemption allowing schools and conferences to voluntarily pool and sell their media rights, mirroring the framework that exists for professional sports leagues, but only if 75% of current FBS schools agree – practically all membership outside the Big Ten and SEC

there’s just a direct conflict between legitimate NIL deals and coordination with the schools’ athletic departments. Basically feels like the bill is going to end up creating super-PAC-esque entities who could still give NIL outside of the schools’ peripheries.

 

[GeorgiaHurricane]

I understand executive orders are not law. I was just pointing out if Trump also wants to see this done he could do it by executive order.

That means nothing without Congress is what I’m saying. He can make the EO. It’s not worth the paper it’s printed on without Congress. Executive branch (President) can’t create laws. Only the Legislative branch (Congress) can do that. Now Trump can make the EO and he can “encourage” Congress to pass it. I believe that’s what you are referring to

 

[CaneinBroward]

The House doesn’t return for recess until august 31st. They could very well make changes to the bill, but if they do so, then the Senate would have the opportunity to do so as well; setting off a game of Congressional ping-pong. I think Trump’s involvement will create just a straight up vote on this by the House rather than an amending process.

see some people saying that media rights pooling was taken out of the bill but that isn’t true from the summaries I’ve read



there’s just a direct conflict between legitimate NIL deals and coordination with the schools’ athletic departments. Basically feels like the bill is going to end up creating super-PAC-esque entities who could still give NIL outside of the schools’ peripheries.

Media rights weren't taken out of the bill, but they were made voluntary so B1G & $EC will keep their $$$ and the bill includes a provision that any conference who chooses not to pool its media rights will still be eligible to participate in the playoff (i.e. the other conferences can't vote them out).

So, for all intents and purposes, the media rights that everyone wanted to be pooled, will not be. Get ready for the ACC/Big XII media deal coming soon though.

 

[Rickd]

You're speaking with a certainty i would advise against when it comes to dealings with the federal government. Many, myself included, didn't think it would get this far 48 hours ago. Stuff happens. And the house is far more volatile than the senate. Not saying it passes at all but to definitively say miami has nothing to worry about at this point is naive imo. Luckily we wont have to wait long to see whats what. In joe we trust.

Easy. It is an opinion. Not a court treatise.

 

[cookies]

anti trust law is f#cking complicated. The only thing I am somewhat certain about is that the Supreme Court gives a lot of deference to Congress when it makes anti-trust rules. Basically Congress creates the exemptions and then can set almost whatever terms it wants.

Yeah i know I’ve studied it quite a bit. The only antitrust exemption created in this bill is for the pooling of media rights; thus, a limited one. Congress doesn’t pass many antitrust exemptions or laws.

Here is what Justice Kanvaugh said five years ago;

I add this concurring opinion to underscore the NCAA’s remaining compensation rules also raise serious questions under the antitrust laws….And the Court stresses that the NCAA is not otherwise entitled to an exemption from antitrust laws. (Radovich v NFL 1957). As a result, absent legislation or a negotiated agreement between the NCAA and the student-athletes, the NCAA’s remaining compensation rules should be subject to ordinary rule of reason scrutiny. …. Under the rule of reason, the NCAA must provide a legally valid pro-competitive justification for its remaining compensation rules. As I see it, however, the NCAA may lack such a justification……..

….Price-fixing labor is price-fixing labor. And price-fixing labor is ordinarily a textbook antitrust problem because it extinguishes the free market in which individuals can otherwise obtain fair compensation for their work.

They are going to get smoked in court because the artificial nature of their price-fixing labor cap. The other issues as far as realignment and media rights pooling, i am not so sure will get struck down. I think those are here to stay tbh. JMO.

 

[rascon]

I dont see how this is being overlooked, it literally went from dead to fast tracked late friday night with all types of revisions and miami is not beneficiary of any of this, ACC basically has no seat and just with a neutered tv 360 deal..

ACC would love for the bill to pass. They are more than content with status quo as little brother to P2.

 

[cookies]

Media rights weren't taken out of the bill, but they were made voluntary so B1G & $EC will keep their $$$ and the bill includes a provision that any conference who chooses not to pool its media rights will still be eligible to participate in the playoff (i.e. the other conferences can't vote them out).

So, for all intents and purposes, the media rights that everyone wanted to be pooled, will not be. Get ready for the ACC/Big XII media deal coming soon though.

Oh that’s interesting, good looking out—i didn’t see that.

I’m not so sure about a ACC/Big XII media deal however. I don’t think it would be of much benefit but besides that, the ACC is inked in for much longer with ESPN than the XII who has their own media rights expire at the end of this decade.

Anything could happen tho, I’m sure more twists and turns are otw & this thing still has to pass in the first place

 

[Ispyin]

Media rights weren't taken out of the bill, but they were made voluntary so B1G & $EC will keep their $$$ and the bill includes a provision that any conference who chooses not to pool its media rights will still be eligible to participate in the playoff (i.e. the other conferences can't vote them out).

So, for all intents and purposes, the media rights that everyone wanted to be pooled, will not be. Get ready for the ACC/Big XII media deal coming soon though.

doubt it.

 

[ShadowSpring]

A cap tho would still favor USC and Miami. Players have a much bigger market in which to work NIL deals themselves via Baby Jesus selling backpacks etc. Maybe helps Georgia too with Atlanta not too far from campus. Schools like Bama and LSU are going to realize that's not as good for them as they think. They'll need ESPN propping them up, which they currently have. That won't work forever.

Switching conferences was cool for the Texas schools a few years ago but if we do it we have to be independent for 5 years. That's just not fair as we were stuck in a contract. I'm not a lawyer but that seems like a weak spot that can be exploited.

 

[Rickd]

A cap tho would still favor USC and Miami. Players have a much bigger market in which to work NIL deals themselves via Baby Jesus selling backpacks etc. Maybe helps Georgia too with Atlanta not too far from campus. Schools like Bama and LSU are going to realize that's not as good for them as they think. They'll need ESPN propping them up, which they currently have. That won't work forever.

Switching conferences was cool for the Texas schools a few years ago but if we do it we have to be independent for 5 years. That's just not fair as we were stuck in a contract. I'm not a lawyer but that seems like a weak spot that can be exploited.

We would have to be independent for 5 years IF WE WAIT FOR THE BILL TO BE SIGNED INTO LAW. I doubt that Joe is planning on waiting. If this law looks like it will be approved there will be schools taking action very soon. Before ink hits paper.

 

[TooColdToHold]

We would have to be independent for 5 years IF WE WAIT FOR THE BILL TO BE SIGNED INTO LAW. I doubt that Joe is planning on waiting. If this law looks like it will be approved there will be schools taking action very soon. Before ink hits paper.

If the Big Ten and SEC really wanted to expand more they wouldn’t have agreed to the bill the way it is drafted.

 

[Yoyo423]

ACC would love for the bill to pass. They are more than content with status quo as little brother to P2.

That's because they know it's the only protection they have from the gap widening. They're agreeing to the bill despite their most powerful members (the ones that went to be in the P2 eventually) disagreeing with it.

 

[Rickd]

If the Big Ten and SEC really wanted to expand more they wouldn’t have agreed to the bill the way it is drafted.

You can't be that naive. They had NO intention of approving and it took direct pressure from Trump to get them to go along ... for now. There is another round of negotiations when the bill is processed through the House and the 19 member conference cap is the detail that many believe will be modified before a final bill goes to the president for signature. This bill is a long way from final approval and it is highly unlikely that the bill that is signed into law has the same details as the one that is pending senate approval.