Shurtleff plans BCS lawsuit by end of year


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SALT LAKE CITY -- Utah Attorney General Mark Shurtleff is committed to his fight against the BCS for allegedly violating anti-trust laws.

With college football season starting this week, Shurtleff remains dedicated to filing a lawsuit against the BCS by the end of the year, even though the University of Utah -- the original BCS buster -- joined the Pac-12 in July.

Utah kicks off their season at home against Montana State Thursday night, with BYU opening up their season on the road against Ole Miss on Saturday afternoon.

And if Mark Shurtleff has his way, it won't be long before a potentially notable legal case is brought against the BCS. Shurtleff has had an anti-trust lawsuit in his sights since 2009. His office has put out a request for information looking to bring in a legal team from a national law firm with anti-trust experience. And approximately six firms have expressed interest in the lawsuit.

"We're not going to turn it over to anybody, but we do need that additional expertise," Shurtleff said. "But there's a big question about cost, obviously if Utah has to go this alone. We're asking what firms would be willing to do as far as pro bono."


Once we get it filed, they'll say: ‘Okay, Utah is really serious; we're now facing charges; we're facing terrible damages.' So hopefully that'll bring this thing to a conclusion.

–Mark Shurtleff


The executive director of the BCS defends the bowl format as a pro-competitive force, bringing significant benefits to the game, universities, athletes and the fans.

"Some of them have called me a hayseed out here and ‘what's Utah going to do to us?' " Shurtleff said. "I think they still think we're not going to file."

But critics of the BCS, like Shurtleff, question everything from the BCS selection process to the appearance of financial impropriety involving the bowl system." Shurtleff believes serious anti-trust violations have harmed taxpayer-funded institutions, with these institutions losing out on hundreds of millions of dollars.

Since suggesting the lawsuit, Shurtleff has been in serious discussions with other states and the Department of Justice, which have indicated they plan to look into the BCS this year.

"Once we get it filed, they'll say: ‘Okay, Utah is really serious; we're now facing charges; we're facing terrible damages.' " Shurtleff said. "So hopefully that'll bring this thing to a conclusion."

Officials in Hawaii and New Mexico have voiced some interest in joining a possible BCS lawsuit, but to date, no other states have agreed to join forces with Utah.

Email: jdaley@ksl.com

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