Fair enough. So the NCAA could potentially have a case to prevent the ESPN sponsored playoffs winner from being called NCAA National Champion. Of course UCF faces the same problem, they can’t call themselves NCAA national champions. It will have to be like the old pre-BCS system of AP or UPI national champions.
Of course I am not a lawyer, so I don’t understand the legal basis, but what would give G5 members a strong case to take P5 and ESPN to court.
As a businessman, I see exclusive trade organizations and business partnerships taking place all the time. My own company has exclusive deals with several other companies, which means we trade only with each other for products we produce, even if an outside supplier can offer the same product cheaper, of course this does not happen very often. The partnerships even extend to create long term exclusive contracts with customers.
Every few years these exclusive partnerships are re-examined and can be renewed or modified.
The way I see it, P5 members have come together to form partnerships to sell a product to media companies. The media companies pay P5 more then they pay G5. There is no obligation to pay everyone the same.
There maybe be legal nuances I am not aware of, but as much as I want to see UH in a P5, I can’t see how legal action (or threat there of) can (or is even the right way) to accomplish that.
And say G5 members were able to win their lawsuit against the P5 and media companies, wha then? The P5 (probably under some innocuous sounding new name), will just band together with the media players, and find new ways to exclude anyone they don’t want to partner with.
Any insights from someone with a legal background would be great!