New Castle News

January 31, 2013

NCAA penalty warrants action by governor

By Staff
Associated Press

NEW CASTLE — Editor, The News:

This is in response to your editorial on Jan. 4, concerning Gov. Corbett’s lawsuit against the NCAA regarding the penalties imposed on Penn State following the Jerry Sandusky scandal.

The editorial questions Corbett’s standing to file such a lawsuit. The answer to this question is given in your own editorial. Corbett serves on Penn State’s board of trustees. It is unlikely that the suit would be dismissed on the grounds of lack of standing.

The more serious question, not addressed in your editorial concerns the antitrust laws. Traditionally, the NCAA had been held to be exempt from antitrust regulation.

However, this was reversed in the 1984 Supreme Court case of NCAA vs. Board of Regents of the University of Oklahoma. Nonetheless, the fact that the NCAA is no longer exempt from antitrust regulation does not mean that its actions violated the antitrust laws.

By the way, this incident may finally prompt Pennsylvania to adopt its own antitrust statute. As I understand it, almost every other state has such a statute. If Pennsylvania had such a statute, this lawsuit could have been filed in Centre County, which would certainly be a far more favorable venue than any federal court.

William G. Cohen

Windemere Drive

New Castle

(Editor’s note: Although Corbett serves on Penn State’s board of trustees, the lawsuit in question was filed in his capacity as governor, and Penn State’s trustees did not act to support the suit.)