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DOJ letter to NCAA: ‘Why does FBS not have a playoff?’

Last month, Utah’s attorney general announced that he intended to file an antitrust lawsuit against the BcS. In revealing his intentions, Mark Shurtleff, who has met with the Department of Justice on multiple occasions over the past couple of years, stated that the DOJ “suggested that, if the states started, they might follow” with their own parallel investigation.

While they’re not quite there yet, it appears the Justice Department is indeed gearing up for a much-needed probe.

In a letter to NCAA president Mark Emmert -- and cc’d to BcS Executive Director/spinmeister Bill Hancock -- Assistant Attorney General Christine Varney writes that "[s]erious questions continue to arise suggesting that the current Bowl Championship Series (DCS) system may not be conducted consistent with the competition principles expressed in the federal antitrust laws.” Varney cites Utah’s attorney general’s intentions to file an antitrust suit as well as a request to open an investigation of the BCS from a group of twenty-one professors before getting to the heart of the matter.

Why the hell does almost every other NCAA sport -- including all other levels of football -- have a playoff and Div. 1-A doesn’t?

On March 2,2011, the New York Times reported that the National Collegiate Athletic Association (NCAA) was “willing to help create a playoff format to decide a national championship for the top level of college football.” In that context, it would be helpful for us to understand your views and/or plans on the following:

1. Why does the Football Bowl Subdivision not have a playoff, when so many other NCAA sports have NCAA-run playoffs or championships?
2. What steps, i f any, has the NCAA taken to create a playoff among Football Bowl Subdivision programs before or during your tenure? To the extent any steps were taken, why were they not successful? What steps does the NCAA plan to take to create a playoff at this time?
3. Have you determined that there are aspects of the BCS system that do not serve the interests of fans, colleges, universities, and players? To what extent could an alternative system better serve those interests?


(/Varney slams down pen, high-fives members of her staff)

Varney ends her letter by telling Emmert that "[y]our views would be relevant in helping us to determine the best course of action with regard to the BCS. Therefore, we thank you in advance for your prompt attention to this matter.”

We have attempted to contact the NCAA in an effort to get a comment from the association, but have thus far had no success. However, the NCAA did release a statement just a short time ago attributed to Vice President of Communications Bob Williams:

“When we actually receive the letter from the Department of Justice we will respond to its questions directly. It should be noted that President Emmert consistently has said, including in the New York Times article, that the NCAA is willing to help create a playoff format for Football Bowl Subdivision football if the FBS membership makes that decision.”

Here’s to hoping, then, that the mere hint of stepped-up interest on the part of the DOJ in the current system used to determine a national champion will prompt university presidents to do what they should’ve done a long, long time ago -- institute a playoff system at the very highest level of college football.