Estimated read time: 3-4 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY (AP) -- Attorney General Mark Shurtleff is using his personal blog to defend himself from criticism that he's wasting state resources by investigating whether the Bowl Championship Series violates federal antitrust laws.
Shurtleff contends the BCS unfairly puts schools like Utah, which is a member of a conference without an automatic bid to a BCS bowl, at a competitive and financial disadvantage. For the second time in five years, Utah finished the season undefeated and was shut out of playing in the BCS national title game, which was won by Florida.
Utah finished the season ranked No. 2 in The Associated Press poll after upsetting Alabama 31-17 in the Sugar Bowl.
Shurtleff's staff is set to meet soon to review the Sherman Antitrust Act to see if a lawsuit can be filed. To succeed in a lawsuit, Shurtleff, a Republican, would have to prove a conspiracy exists that creates a monopoly.
Shurtleff has received widespread support -- and criticism -- for involving himself in a dispute over how college football's national champion is crowned. Shurtleff, like other politicians who have chimed in on the issue, wants the national champion decided through a playoff system.
On Saturday, The Salt Lake Tribune -- Utah's largest newspaper -- criticized Shurtleff in an editorial for wasting taxpayer money.
"We agree with Shurtleff that the BCS system is bogus; that a true tournament-style playoff system is the only legitimate way to determine a national champion. But Shurtleff and his underlings are wasting their time and your money by pursuing this investigation," the Tribune wrote.
"Our economy is imploding. Utahns are losing their jobs and homes. Budget cuts will be required. And our state's top lawyer is preoccupied with scoring a political touchdown with Utah football fans. Shurtleff needs to rethink his priorities."
Saturday evening, Shurtleff used his blog to respond to the criticism from newspapers, talk shows and blogs by noting that the U.S. Supreme Court has ruled antitrust laws apply to NCAA athletics and that it is his duty to enforce state and federal laws.
"The University of Utah and some other NCAA Division 1-A schools in Utah are taxpayer funded institutions and I have a duty to protect and defend them against violations of the law," he wrote.
"The BCS system involves millions of dollars a year of potential revenue to these institutions that could help replace dwindling taxpayer generated general fund monies. ... If a system unreasonably restrains the opportunity of our educational institutions to freely and fairly compete to be designated as a national college football champion -- a designation desired by football fans throughout the nation -- such a system could unfairly deprive our institutions and my state of these important and significant revenues."
If a lawsuit is filed, it is unclear exactly who the defendant would be.
The BCS is comprised of the 11 Football Bowl Subdivision conferences, the University of Notre Dame and representatives of the bowl organizations.
Utah is a member of the Mountain West Conference and Utah State belongs to the Western Athletic Conference; both leagues are members of the BCS and benefit financially from it even when they don't have a team selected to play in a BCS bowl.
During a Football Writers Association of America meeting last week, Atlantic Coast Conference commissioner and BCS coordinator John Swofford said the BCS has carefully considered the legality of its format.
"We've attempted to make every effort to make certain that any structure of the BCS is within the antitrust laws. Our legal people are comfortable that the BCS structure is," Swofford said.
"We're not out there trying to test the antitrust laws of the United States of America."
Still, Shurtleff is committed to the issue.
"Hopefully the NCAA will get back to the basics and take back I-A football and create a fair and equal playoff system. Until then, the Utes have as much right as the Gators to claim that this year the best men in college football did win -- in New Orleans!," Shurtleff wrote.
(Copyright 2009 by The Associated Press. All Rights Reserved.)
