Guys & Balls Podcast

Exceptional Sports Discussed by Regular Guys – 3 longtime friends who love talking sports in Portland, the NW & across the world.

[Guys & Balls Podcast @GuysAndBalls]

@nickdaschel We owe the game of college football nothing after money both dissolved our conference and also left us looking in from the outside when no one wanted to take us or WSU. Cancel the game if and only when we have someone else locked in as a replacement.

[Guys & Balls Podcast @GuysAndBalls]

@EuhusBeaver Much like the just denied gas tax, quit worrying, it'll get denied. People seeking signatures masked it as stopping the monkey testing so people signed on for that. Once full measure goes to vote, it'll go down 85-15%.

[Guys & Balls Podcast @GuysAndBalls]

@Espngreeny Kindly, that began 28 years ago with the BCS and the death nail 12 years ago with the CFP. Egregious TV contracts, NIL, death of conferences and traditional rivalries are the icing on the cake. It's no longer what it was.

[Guys & Balls Podcast @GuysAndBalls]

@suke1080 let's make it happen (it won't, but we can dream)

[Guys & Balls Podcast @GuysAndBalls]

Require NFL teams to wear throwback uniforms for Super Bowl LX - Sign the Petition! https://t.co/gKcKO5FRwj via @Change

[Guys & Balls Podcast @GuysAndBalls]

Require NFL teams to wear throwback uniforms for Super Bowl LX - Sign the Petition! https://t.co/gKcKO5FRwj via @Change

[Guys & Balls Podcast @GuysAndBalls]

@OregonStatePres By the looks of it, things are slipping away for OSU. The battlefield that is the college football landscape unfortunately has been mired with mediocrity and failed leadership at OSU. It starts with the AD down and needs to happen now. Fresh minds are needed.

[Guys & Balls Podcast @GuysAndBalls]

@BrentBlaylock1 hey dumbass, no one will remember you, everyone from OSU knows NATIONAL PLAYER OF THE YEAR Gary Payton.

[Guys & Balls Podcast @GuysAndBalls]

@GuntherEagleman What a dumb question when being gay was something you hid from everyone during those times.

[Guys & Balls Podcast @GuysAndBalls]

@muhammad_s67820 @GeneralMCNews *many

[Guys & Balls Podcast @GuysAndBalls]

@elonmusk The only thing we want to hear from you is the attempt on Trump wad staged and the ejection was rigged.

[Guys & Balls Podcast @GuysAndBalls]

@CG6342875542484 @realDonaldTrump It won't save money, it's not AF1 ready. It'll cost taxpayers to get it up to AF1 readiness.

[Guys & Balls Podcast @GuysAndBalls]

@Dan295254Cuz @GeneralMCNews They teach punctuation, too.

[Guys & Balls Podcast @GuysAndBalls]

@POTUS Cease fire on a foreign invader within his own country?! Absolute insanity.

[Guys & Balls Podcast @GuysAndBalls]

@elonmusk Cease fire on a foreign invader within his own country?! Absolute insanity.

[Guys & Balls Podcast @GuysAndBalls]

@beavs_report No

[Guys & Balls Podcast @GuysAndBalls]

@DirtAndSprague

[BoatyMcBeaver 🟦 @PecoBeaver22]

My thoughts on the PAC 12's lawsuit against the MWC:

Pretty bold, to be certain. I mean, the PAC 12 did sign the scheduling agreement that includes the "Withdrawal fees".

However, the Sherman Anti-trust act is pretty clear:
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.

This means that even if the parties agree to restrict themselves via contract, the contract itself is unenforceable.

In the law it is called a "voidable" contract.

There is an interesting 9th Circuit case involving the NFL, the LA Coliseum, and (of course) the Oakland Raiders. In that case, the 9th Circuit (which is the appellate circuit Oregon, California, etc. are in) noted cases which imposed exit fees, restrictions on player movement, etc. all violated anti-trust laws.

The case is interesting because it says in order for the PAC 12 to be successful in this lawsuit, the PAC 12 has to prove three elements:

1. An agreement between two or more distinct persons or entities; (check)
2. Which is intended to harm or restrain competition; (check) - the Withdrawal Fees are intended to prevent schools from leaving the MWC; and
3. Which actually causes harm to competition;

Based on what I know now, I think the Scheduling Agreement actually harms the PAC 12, to the tune of $55 million. The purpose of the withdrawal fee is to deter the PAC 12 from taking MWC schools, not to protect the MWC. After all, the departing MWC schools have to pay an exit fee, that is what is supposed to protect the MWC.

Here is an interesting side-note: there is a defense to an anti-trust claim called the "Equal Involvement Defense". This theory says that if a plaintiff (in our case, the PAC 12) was involved in the anti-trust violation, the plaintiff cannot recover damages from the defendant.

Why is this important? Because the lawsuit filed today only seeks a declaration from the court that the Scheduling Agreement's "withdrawal fee" provisions violate anti-trust laws. We are not seeking damages. Smart.

It feels to me, just reading these documents for the first time over the last 20 minutes or so, that the PAC 12 signed the scheduling agreement knowing the Withdrawal Fee portion of the agreement was unenforceable. In other words, our lawyers are smarter than theirs.

#GoBeavs

[Guys & Balls Podcast @GuysAndBalls]

@iropp @suke1080

[BoatyMcBeaver 🟦 @PecoBeaver22]

My thoughts on the PAC 12's lawsuit against the MWC:

Pretty bold, to be certain. I mean, the PAC 12 did sign the scheduling agreement that includes the "Withdrawal fees".

However, the Sherman Anti-trust act is pretty clear:
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.

This means that even if the parties agree to restrict themselves via contract, the contract itself is unenforceable.

In the law it is called a "voidable" contract.

There is an interesting 9th Circuit case involving the NFL, the LA Coliseum, and (of course) the Oakland Raiders. In that case, the 9th Circuit (which is the appellate circuit Oregon, California, etc. are in) noted cases which imposed exit fees, restrictions on player movement, etc. all violated anti-trust laws.

The case is interesting because it says in order for the PAC 12 to be successful in this lawsuit, the PAC 12 has to prove three elements:

1. An agreement between two or more distinct persons or entities; (check)
2. Which is intended to harm or restrain competition; (check) - the Withdrawal Fees are intended to prevent schools from leaving the MWC; and
3. Which actually causes harm to competition;

Based on what I know now, I think the Scheduling Agreement actually harms the PAC 12, to the tune of $55 million. The purpose of the withdrawal fee is to deter the PAC 12 from taking MWC schools, not to protect the MWC. After all, the departing MWC schools have to pay an exit fee, that is what is supposed to protect the MWC.

Here is an interesting side-note: there is a defense to an anti-trust claim called the "Equal Involvement Defense". This theory says that if a plaintiff (in our case, the PAC 12) was involved in the anti-trust violation, the plaintiff cannot recover damages from the defendant.

Why is this important? Because the lawsuit filed today only seeks a declaration from the court that the Scheduling Agreement's "withdrawal fee" provisions violate anti-trust laws. We are not seeking damages. Smart.

It feels to me, just reading these documents for the first time over the last 20 minutes or so, that the PAC 12 signed the scheduling agreement knowing the Withdrawal Fee portion of the agreement was unenforceable. In other words, our lawyers are smarter than theirs.

#GoBeavs

[Guys & Balls Podcast @GuysAndBalls]

@MousebirdN @nickdaschel Exposure to what, the NFL? I think the NFL can find players on its own in this day and age. The days of needing to play at a big name to get to the next level are long gone.

[Guys & Balls Podcast @GuysAndBalls]

@KATUNews I've been on a literal trip across the country for the past 3 weeks. This problem is everywhere. Boston, NY, Cincy, KC, Denver, etc. Portland people just held their city in higher regard. Turns out, we're just like the rest.

[Guys & Balls Podcast @GuysAndBalls]

@mr_morals44 That is a fairweather and a bandwagoner. This is not a free for all. Pick a f'ing side.