NIT Proposes Measures to Make NCAA Tournament Less Monopolistic

As reported by Mark Alesia of the Indianapolis Star, the first two days of the NIT's antitrust lawsuit against the NCAA has already generated interesting developments. (Alesia, Indianapolis Star, 8/3/2005). In his opening statement, NIT lead counsel Jeffrey Kessler offered a number of measures that would ostensibly stimulate competition between the NIT and NCAA Tournaments. His suggested measures included: 1) starting and ending the regular season earlier; 2) shortening the three-week NCAA Tournament; and, perhaps most interestingly, 3) limiting the number of teams that must play in the NCAA Tournament if invited (currently, all 65 schools must attend if invited by the NCAA).

The last point warranted particular attention in Kessler's opening statement:

"They talk about Cinderellas . . . There are no Cinderellas in the Final Four," Kessler said. "Just require the top 16 or top 32 teams to participate -- something less restrictive.

"They'd still be No. 1 (ahead of the NIT). They just won't be a monopolist. And they won't make as much money. Monopolists make more."

In his countering opening statement, NCAA lead counsel Gregory Curtner lambasted the NIT and several second-tier Division I college basketball programs that organize the NIT (he named the schools of the Metropolitan Intercollegiate Basketball Association-- St. John's, Fordham, Manhattan, NYU, and Wagner) as selfishly seeking to re-distribute wealth from the better college programs to the lesser ones, and that the NIT is interested not in economic competition or fans' enjoyment but rather Peter Pan-style wealth-distribution. He also noted that no school in the past 35 years, including even the NIT organizers, has asked for a waiver to be able to compete in the NIT.

In what may make great theater, Texas Tech coach Bobby Knight will be testifying tomorrow morning by video on behalf of the NIT.

For more, check out Alesia's article. For past coverage of NIT v. NCAA on Sports Law Blog, check out posts from 8/1/2005, 4/18/2005, and 4/5/2004.

See 8/17/2005 Update: NIT and NCAA Settle with NCAA Buying NIT

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