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Media & Entertainment Law

: Sports Biz

The Real Driver To a 96 Team March Semi-Madness

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There has been a lot of watercooler, spilled ink and digital space taken up in the last month in discussions about the possibility of the NCAA expanding the basketball tournament to 96 teams.  The primary reason for any expansion seems to be the possibility of a greatly enhanced television contract from CBS (with a cable partner) or ESPN.  I haven't written about it before because it was mostly a great deal of pontificating from the media about something that appeared like it was going to be decided strictly on the basis of how much bigger would the TV contract be.

From a basketball standpoint, expansion to 96 would mean the end of the NIT.  Now, those of you who focus exclusively on the Big Dance this time of year may not care but the NIT has a long and distinguished history.  In fact, it is older that the NCAA and for much of its early life, it was the more important tournament.  Since the NCAA bought it, the rules have been changed to provide automatic qualifiers to regular season champions who lose their conference tournaments and don't make the NCAA.  Presumably that rule would carry over into a 96 team tournament, taking up a few low and mid-major slots away from the big boys; always a good idea.  The NIT was a tough tournament to get into this year and fans have responded accordingly - attendance has been high and crowds enthusiastic.  I'm not sure the same could be said for all of the first round site.  From a basketball perspective only, I would expand to 68, have four play-in games involving the last four selected and the bottom four rated conference titliests.  It would a bit of the unwanted label currently associated with play-in game.


While I think that ultimately the decision by the NCAA executive committee will come down to how much more money is at the table and not what is best for Division I basketball, another factor I believe is at play that will influence the decision and is not being discussed.  The NCAA may be very concerned that it will lose a class action lawsuit filed against it by Ed O'Bannon, The suit alleges that the NCAA has violated antitrust law by exploited his likeness for commercial purposes.  The NCAA recently lost a motion to dismiss the case, which has been joined by eleven additional plaintiffs purssuant to an amended claim which was recently filed in federal court in California.  Any damages a court may order the NCAA to pay in this case could be trebled under antitrust law; considering the substantial licensing fees that the NCAA and member institutions derive from video games, jerseys and other items bearing the likeness, name or otherwise identifying with players, those damages could be a very large number.

Full post as published by Sports Biz on March 23, 2010 (boomark / email).

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