Steve Clarke

Husband & Father | Fintech | Sports | Views Are My Own

[Global Index @TheGlobal_Index]

@bballforever_ @dc7visuals Amazing basketball Cameraman

[Steve Clarke @_steveclarke_]

Great, great points here... articulated very well 💡
#BYU #CFPRankings #underrated #CFP #big12
https://t.co/twaQ9d6y66

[BYU Blue @BYUbluThru]

If BYU loses to Texas Tech and the CFP excludes BYU from the playoffs, BYU could sue ESPN and the CFP under the following legal claims (in order from strongest to weakest (yes, I am an attorney)):

I. Antitrust: Unreasonable Restraint of Trade (Sherman Act Section 1); II. Antitrust: Monopolization or Attempted Monopolization (Sherman Act Section 2); III. Tortious Interference with Economic Expectancy; IV. Breach of Contract/Breach of the Implied Covenant of Good Faith and Fair Dealing; V. Breach of Fiduciary Duty

I believe the below claims would be strong enough to at least survive a motion to dismiss and force discovery. Doing so would require the CFP and ESPN to produce all related documents, communications, emails, etc.

At the very least, I think we would find a very damning paper trail that would be detrimental to their reputation. That alone would be worth suing.

I. Antitrust: Unreasonable Restraint of Trade (Sherman Act Section 1)

Theory: The CFP system is a cartel agreement between conferences, the CFP LLC, and ESPN that artificially restricts access to the postseason “market” for playoff participation and revenue. If blue-bloods or ESPN-aligned brands receive favorable treatment, the system restrains competitive fairness and limits BYU’s economic opportunities.

Elements BYU could argue:

The relevant market: Major college football postseason access & revenue.

Anticompetitive conduct:
CFP selection criteria are vague and selectively applied.
ESPN has financial incentives to prefer certain brands for ratings.
CFP committee members have institutional conflicts of interest.
The “cartel” excludes comparable or superior teams without objective standards.

Anticompetitive effects:
Lost CFP revenue (payouts),
Lost visibility & recruiting value,
Lost future conference/media revenues tied to playoff appearances.

II. Antitrust: Monopolization or Attempted Monopolization (Sherman Act Section 2)

Theory: The CFP acts as a monopoly controlling access to the championship. ESPN acts as a monopsony buyer of CFP media rights, influencing who gets selected because it benefits their broadcast interests.

BYU would argue:

The CFP is the sole gateway to the national championship.
Selection is not made according to objective competitive criteria.
ESPN+CFP have exclusive market control that forecloses non-preferred teams.
Even a weak monopoly case can survive if the CFP selection process appears arbitrary and non-transparent.

III. Tortious Interference with Economic Expectancy

BYU could claim ESPN used influence, media narratives, or behind-the-scenes lobbying to push the committee toward a more profitable matchup, harming BYU's expected CFP revenue.

Elements:

BYU had a reasonable economic expectancy of CFP selection given their résumé.

ESPN knew that.

ESPN intentionally interfered (e.g., with coverage, lobbying, or narrative shaping).

BYU suffered financial harm.

This one is harder but not impossible — it would require discovery (emails, internal analyses, communications) to prove influence.

IV. Breach of Contract/Breach of the Implied Covenant of Good Faith and Fair Dealing

BYU is a Big 12 member. The Big 12 is contractually tied into the CFP system.

If BYU can show:

CFP promised a fair selection system, AND

CFP failed to apply its own criteria fairly,

…then BYU could assert “arbitrary and capricious” selection amounts to a breach.

This is viable if, for example:

Teams with worse résumés are consistently ranked above BYU.

Committee deviates from written criteria (head-to-head, common opponents, résumé strength) in a way that appears pretextual.

V. Breach of Fiduciary Duty (weak but possible in theory)

CFP committee members are supposed to act independently and impartially. If:

Members act to benefit their conferences,

Act at the direction of ESPN,

Or use inconsistent standards,

…then BYU could argue a fiduciary duty violation.

The CFP would argue no fiduciary relationship exists, so this is a stretch — but discovery could expose conflicts of interest.

[Kramer @KramerHolle]

If you're going to penalize a 1-loss Power Conference team for a weak strength of schedule... BYU's SOS is better than Ole Miss and Notre Dame.

If you're going to penalize a team for not having the strongest power ratings (which incorporate prior year's history and recruiting rankings)... BYU's FPI is higher than Oklahoma's.

If you're going to penalize a team for a non-competitive / bad loss... Alabama lost by 14 to a team with a losing record and Miami lost to two unranked teams.

If you're going to use strength-of-record like you indicated you would, BYU's SOR is the second highest of teams 6-12.

BYU also (1) made its conference championship game and (2) if you sum up the wins of the teams it has beaten, it is THIRD in the country. It is hard to win games and BYU has beaten a lot of teams with a lot of wins.

This. Makes. No. Sense.

The @CFBPlayoff should be ashamed of itself. It has literally contorted itself into a pretzel to avoid putting BYU where it should be ranked (somewhere between 6th - 9th).

RT to get the info out there. They need to feel pressure.

[Robert Griffin III @RGIII]

BYU should be in the College Football Playoff.

-11-1 in a Power 4 Conference Champ Game
-#6 Strength of Record
-T-Most wins over teams with a winning record
-Better SOS than Ole Miss, Notre Dame, Miami

Wins and loses matter.
Who you beat matters.

Stop persecuting Christians.

[Steve Clarke @_steveclarke_]

@d_ford_p I'm with you @d_ford_p

[BYU FOOTBALL @BYUfootball]

the numbers speak for themselves.

[TSN @TSN_Sports]

This fan rocking a goat costume and a LeBron jersey is all-time 😅🔥

(via @BleacherReport)

[locked on big 12, america’s conference. @LOBig12]

BYU is 10-1. a power four team that is 10-1.

wins against no. 12 utah, road wins against arizona (8-3), iowa state (7-4), cincinnati (7-4) and ECU (7-4). this is a 10-win team with a strength of record that is 6th in america.

you're not keeping them out of the CFP.

[Dave Portnoy @stoolpresidente]

The Big 12 gets no respect. Games on the field matter. I care about who has more points at the end of the game… BYU is undefeated and is 100% a Top 10 team @BNKonFOX

[FOX College Football @CFBONFOX]

Is there a better view in CFB than @BYUfootball? 🤯🗻

[Rich Saunders @RichSaunders10]

An interesting and rare moment in time when a great grandson has a unique opportunity to shed light on the legacy of his great grandfather! Way to go Richie and grandpa Neef! @OreIdaPotatoes

[BYU Men's Basketball @BYUMBB]

👀

[Steve Clarke @_steveclarke_]

That Keba Keita block 🤯 🚫
#GoCougs

[Cades Attorney 💼👨🏾‍💼 @CadesAttorney]

The Utah Jazz in every major trade

[Ryan Blackburn @NBABlackburn]

My Live Reaction to the Luka Doncic Trade to the Los Angeles Lakers with @HPbasketball.

Hacked ➡️ Is this Real? ➡️ Oh God it's Real

[Robby McCombs @rtmccombs]

BYU will finish this season with a 84.6% win percentage. That is the best ever for a power conference team in the state of Utah.

[BYUtv Sports Nation @BYUSportsNation]

🚨NEW PODCAST ALERT🚨

Connor Pay and Chase Roberts are your hosts of BYU Radio’s newest podcast: Two Point Conversion!

Join Connor and Chase as they discuss each week’s Come Follow Me and talk of Christ!

The first few episodes are out NOW!!!

[RedditCFB @RedditCFB]

This is one of the wildest college football seasons in a while, maybe rivaling 2007, 1990, and 1984.

In 2007, BYU went undefeated in conference play.

In 1990, BYU had a Heisman-winning QB.

In 1984, BYU won an unlikely natty…

🤔

[FOX College Football @CFBONFOX]

Something special is brewing in Provo 🔥

@BYUfootball takes down Arizona and improves to 6-0 on the season 💯