Worldwide Basketball and Sport Tours, Inc. v. National Collegiate Athletic Association

388 F.3d 955, 2004 U.S. App. LEXIS 23817, 2004 WL 2579246
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 15, 2004
Docket03-4024
StatusPublished
Cited by66 cases

This text of 388 F.3d 955 (Worldwide Basketball and Sport Tours, Inc. v. National Collegiate Athletic Association) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Worldwide Basketball and Sport Tours, Inc. v. National Collegiate Athletic Association, 388 F.3d 955, 2004 U.S. App. LEXIS 23817, 2004 WL 2579246 (6th Cir. 2004).

Opinions

BATCHELDER, J., delivered the opinion of the court, in which COOK, J., joined. GIBBONS, J. (pp. 964-66), delivered a separate concurring opinion.

[957]*957BATCHELDER, Circuit Judge.

The National Collegiate Athletic Association, (the “NCAA”), appeals the district court’s order declaring that the NCAA’s “Two in Four Rule” violates Section I of the Sherman Antitrust Act, 15 U.S.C. § 1, and permanently enjoining the enforcement of that rule. Because we conclude that the district court erred in applying an abbreviated or “quick-look” analysis and in its definition of the market for purposes of antitrust analysis, and because the record does not contain evidence to support a proper market definition, we REVERSE the judgment of the district court.

I.

The NCAA is a voluntary organization of over 1200 colleges and universities that promulgates rules and regulations designed to, in its own words, “maintain intercollegiate athletics as an integral part of the educational program and the athlete as an integral part of the student body.” To accomplish this goal, the NCAA adopts bylaws formulated by a legislative body drawn from the Association’s membership. The NCAA members agree to follow those by-laws. Of concern in this case is a portion of the NCAA Division I men’s basketball regulations, specifically because of a restriction on the type and number of games individual schools are permitted to play.

Men’s Division I basketball is divided into conferences; within each conference the member schools individually play each other. Each school, however, makes its own schedule and may seek several non-conference games. The NCAA sets the maximum number of games that each team may play per year. Throughout the year, there are various tournaments in which a school’s team may participate, some of which are “certified” and some of which are not. Certified tournament events are multiple-game early season tournaments. These events were originally introduced as a means of encouraging scheduled games with schools in Alaska and Hawaii that traditionally had difficulty scheduling games because of their inconvenient locations. In recent years, the NCAA has become concerned that the more “powerful” basketball schools (i.e., members of the “Big Six” conferences) were disproportionately taking advantage of the certified events. To address this concern, the NCAA adopted Proposal 98-92 (“98-92”), which increases to 28 the number of allowed games per season for each team, provides that a team’s participation in a certified event, regardless of how many games the team actually plays as part of that event, counts as one game toward the NCAA regular season maximum, and permits each team to participate in “not more than one certified basketball event in one academic year, and not more than two certified basketball events every four years.” As stated in the text of 98-92, the rationale of the rule is to:

address competitive equity concerns by giving many Division I institutions an opportunity to compete in certified events, particularly those outside the continental United States, so that the inherent recruiting and competitive advantages are distributed equally among Division I institutions. This proposal will provide Division I men’s and women’s basketball programs greater flexibility in the scheduling of basketball contests. It will permit institutions the opportunity to participate in certified contests in accordance with the legislation or to add additional contests to the institution’s regular-season schedules during those years in which the institution either is not permitted to engage in a certified contest or chooses not to participate in such an event.

The plaintiffs in this case are promoters of outside certified tournament events (the [958]*958“Promoters”). They allege that the NCAA is less concerned with the disproportionate advantage to the Big Six Conferences than it is with the monies that the outside promoters of certified events are able to make in connection with these events. The Promoters contend that the Two in Four Rule, the prong of 98-92 that limits teams to two certified events every four years, was adopted purely to deny outside promoters the opportunity to make money from the certified events.

Complaining that the application of this rule limited their ability to schedule events with schools having the most powerful and famous basketball programs, which in turn hampered their ability to sell tickets and make broadcast contracts, the Promoters initiated this suit on December 21, 2000, alleging that the Two in Four rule is a violation of the Sherman Antitrust Act. On August 6, 2001, they filed a motion for preliminary injunction under § 16 of the Clayton Act; that motion was then consolidated with a motion for permanent injunction. The district court issued an Opinion and Order on July 19, 2002, holding that because the rule had not been in effect long enough to permit its effect to be accurately evaluated, the motion for preliminary injunction was denied and the motion for permanent injunction would be held in abeyance. The plaintiffs renewed their request for a permanent injunction on February 29, 2003, asserting that there was by then enough evidence to justify the injunction. The district court granted the permanent injunction on July 28, 2003. Worldwide Basketball and Sports Tours, Inc. v. NCAA, 273 F.Supp.2d 933, 954-55 (S.D.Ohio 2003). The NCAA timely appealed, and because of the nature of the injunction, the NCAA sought and obtained from this court a stay and order for expedited appeal.

II.

Our standard of review for the granting or denial of a permanent injunction is mixed:

When reviewing the decision of a district court to grant or to deny a request for issuance of a permanent injunction, we employ several different standards of review. Factual findings are reviewed under the clearly erroneous standard, legal conclusions are reviewed de novo, and the scope of injunctive relief is reviewed for an abuse of discretion.

Secretary of Labor, U.S. Dept. of Labor v. 3Re.com, Inc., 317 F.3d 534, 537 (6th Cir.2003) (citing S. Cent. Power Co. v. Int’l Bhd. of Elec. Workers, Local Union 2359, 186 F.3d 733, 737 (6th Cir.1999) (internal quotations omitted)).

Section One of the Sherman Act provides that:

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any' contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

15 U.S.C. § 1. By its plain language, this section applies to the Two in Four rule only if the rule is commercial in nature. The NCAA maintains that the rule is academically directed and motivated and its commercial impact is negligible.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. United States Sugar Corporation
73 F.4th 197 (Third Circuit, 2023)
Tenn. Hosp. Ass'n v. Alex M. Azar, II
908 F.3d 1029 (Sixth Circuit, 2018)
Lifewatch Services Inc v. Highmark Inc
902 F.3d 323 (Third Circuit, 2018)
Buccaneer Energy (USA) Inc. v. Gunnison Energy Corp.
846 F.3d 1297 (Tenth Circuit, 2017)
Commonwealth of Kentucky v. Marathon Petroleum Co.
191 F. Supp. 3d 694 (W.D. Kentucky, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
388 F.3d 955, 2004 U.S. App. LEXIS 23817, 2004 WL 2579246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worldwide-basketball-and-sport-tours-inc-v-national-collegiate-athletic-ca6-2004.