The NCAA took another step today () to defend its sanctions against The Pennsylvania State University. Pennsylvania Governor Corbett filed a lawsuit in January seeking to invalidate some or all of the sanctions against Penn State on the basis of the antitrust laws. As the NCAA’s initial brief made clear, the courts have already stated that antitrust laws do not apply when the NCAA is acting in a non-commercial capacity to regulate competition and enforce its own rules.
Nonetheless, Governor Corbett filed a response largely premised on the allegation that the Penn State sanctions were the product of a conspiracy intended to benefit Penn State’s competitors on the football field.
Donald Remy, NCAA Executive Vice President and Chief Legal Officer, provided the following statement: "As in federal court makes clear, the allegation that somehow the NCAA Executive Committee conspired against Penn State is baseless and absurd, and Governor Corbett’s lawsuit should be dismissed."