FC/OT: ND Finally Learning a Hard Lesson.

Midnighter

Heisman
Jan 22, 2021
11,424
18,803
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Individual schools can decide not to schedule them. Banding together as a group to do so constitutes restraint of trade under US law.
ChatGPT disagrees:

Short answer: Extremely unlikely.
Notre Dame would almost certainly have no viable legal claim against the Big Ten simply for choosing not to schedule them in football.


Below is a clear explanation of why.




1. Conferences have no legal duty to schedule Notre Dame


The Big Ten is a voluntary athletic conference. Its members and the conference office choose their own non-conference scheduling arrangements. There is no legal obligation—contractual or statutory—that requires the Big Ten to schedule Notre Dame.


To sue, Notre Dame would need to show that the Big Ten:


  • Breached a contract
  • Violated antitrust law
  • Committed tortious interference, discrimination, or some other legal wrong

The Big Ten simply declining to schedule ND does not meet those thresholds.




2. There is no contract guaranteeing games


Notre Dame does not have an existing compulsory scheduling agreement with the Big Ten. Without a contract, there is nothing to “breach.”


Even if individual Big Ten teams once regularly scheduled Notre Dame, past practice does not create a legal obligation to continue doing so.




3. Antitrust claim? Also unlikely


Notre Dame could theoretically argue that conferences collectively refusing to schedule them is a form of group boycott, which can fall under antitrust law.
But this would require showing:


  1. A coordinated agreement among Big Ten schools to exclude ND
  2. Harm to competition, not just harm to Notre Dame
  3. No legitimate pro-competitive justification

Problems:


  • The Big Ten choosing opponents for competitive, logistical, or strategic reasons is normally presumed lawful.
  • Declining to schedule a single independent school likely does not affect the overall competitive market for college football.
  • Conferences change scheduling policies frequently without legal consequences.

To win an antitrust case, Notre Dame would need evidence of collusion for the purpose of harming Notre Dame, which is extremely hard to prove.




4. Tort or discrimination claims? No real basis


There is no recognized tort for “not scheduling a team.”
Unless Notre Dame could allege illegal discrimination based on a protected class (which they cannot—this is about football), such claims would fail immediately.




5. Practical reality


Teams and conferences decide their schedules freely. Many schools refuse to schedule certain opponents for strategic, financial, travel, or competitive reasons. None of this has ever led to a successful lawsuit.




Conclusion


Notre Dame could try to sue, but the case would almost certainly be dismissed.
Without a contract, legal duty, or provable antitrust violation, the Big Ten is fully within its rights to schedule—or not schedule—any opponent it chooses.


If you want, I can also analyze:


  • Possible antitrust angles in more depth
  • Whether Notre Dame joining a conference would change the legal landscape
  • Historical examples of scheduling disputes in college sports

Just let me know!
 

RolexKong

Sophomore
Aug 15, 2025
207
191
43
ChatGPT disagrees:

Short answer: Extremely unlikely.
Notre Dame would almost certainly have no viable legal claim against the Big Ten simply for choosing not to schedule them in football.


Below is a clear explanation of why.




1. Conferences have no legal duty to schedule Notre Dame


The Big Ten is a voluntary athletic conference. Its members and the conference office choose their own non-conference scheduling arrangements. There is no legal obligation—contractual or statutory—that requires the Big Ten to schedule Notre Dame.


To sue, Notre Dame would need to show that the Big Ten:


  • Breached a contract
  • Violated antitrust law
  • Committed tortious interference, discrimination, or some other legal wrong

The Big Ten simply declining to schedule ND does not meet those thresholds.




2. There is no contract guaranteeing games


Notre Dame does not have an existing compulsory scheduling agreement with the Big Ten. Without a contract, there is nothing to “breach.”


Even if individual Big Ten teams once regularly scheduled Notre Dame, past practice does not create a legal obligation to continue doing so.




3. Antitrust claim? Also unlikely


Notre Dame could theoretically argue that conferences collectively refusing to schedule them is a form of group boycott, which can fall under antitrust law.
But this would require showing:


  1. A coordinated agreement among Big Ten schools to exclude ND
  2. Harm to competition, not just harm to Notre Dame
  3. No legitimate pro-competitive justification

Problems:


  • The Big Ten choosing opponents for competitive, logistical, or strategic reasons is normally presumed lawful.
  • Declining to schedule a single independent school likely does not affect the overall competitive market for college football.
  • Conferences change scheduling policies frequently without legal consequences.

To win an antitrust case, Notre Dame would need evidence of collusion for the purpose of harming Notre Dame, which is extremely hard to prove.




4. Tort or discrimination claims? No real basis


There is no recognized tort for “not scheduling a team.”
Unless Notre Dame could allege illegal discrimination based on a protected class (which they cannot—this is about football), such claims would fail immediately.




5. Practical reality


Teams and conferences decide their schedules freely. Many schools refuse to schedule certain opponents for strategic, financial, travel, or competitive reasons. None of this has ever led to a successful lawsuit.




Conclusion


Notre Dame could try to sue, but the case would almost certainly be dismissed.
Without a contract, legal duty, or provable antitrust violation, the Big Ten is fully within its rights to schedule—or not schedule—any opponent it chooses.


If you want, I can also analyze:


  • Possible antitrust angles in more depth
  • Whether Notre Dame joining a conference would change the legal landscape
  • Historical examples of scheduling disputes in college sports

Just let me know!
Don't think that ND would turn to ChatGPT for adjudication. Ask it for a deeper dive into its point 3.1.
 

lions1995

Junior
Oct 29, 2021
165
244
43
I agree. But the process suffers now from what it suffered back then - too much subjectivity.
Anytime there is a selection committee, it is going to be subjective. Alabama being in over ND is where the complaint should be. I know their 3rd loss was in the SEC Championship Game, and it isn't supposed to be held against them, but they played awful. Play a close hard-fought game and lose is one thing, but they got clobbered.
 
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Itraindogs

All-Conference
Nov 28, 2024
1,135
2,069
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rankings are opinions , miami beating nd on the field IS REAL !!!
Klatt was spot on with this. There would have been zero outcry if there was not a week to week ranking by the CFP. The mistake is allowing fans to "see the sausage made (Klatt's language) versus the end result. The end result was the correct one (save the Group of 5 teams). Notre Dame lost both the games it played against quality opponents. Its best win was against a 9 and 3 USC team. Notre Dame needs to join a conference and win it or just STFU
 

KingLando

All-Conference
Nov 29, 2021
4,455
2,720
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Similarities, but also very different.
And PSU fans are - obviously - still hot about it.

FWIW:
It was Washington, not OSU, that kept PSU out of the Final 4. (The rankings were Alabama, Clemson, Ohio State, Washington - in that order)
Washington was ranked ahead of PSU every step of the way, from the first committee rankings to the last.

Now, to make it more similar to the current situation vav Notre Dame:
Imagine PSU was ranked AHEAD of Washington every step of the way...... and then, after the season concluded, the "committee" said: "Nah, we was just foolin' Washington is actually the better team. PSU is out"
I am sure you would agree PSU fans would be (justifiably) apoplectic.
As fun as it may be to revel in Notre Dame's misery, anyone who would fail to recognize that would have to be adamantly ignorant.
Correct...Washington not Ohio State was the issue. We had absolutely no chance of getting in over Ohio State.
 
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KingLando

All-Conference
Nov 29, 2021
4,455
2,720
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Anytime there is a selection committee, it is going to be subjective. Alabama being in over ND is where the complaint should be. I know their 3rd loss was in the SEC Championship Game, and it isn't supposed to be held against them, but they played awful. Play a close hard-fought game and lose is one thing, but they got clobbered.
They did but they also beat Georgia in Athens. The rematch factor is largely why they weren't penalized at all.
Now Texas Tech getting blown out twice by the same team...maybe they shouldn't have been held against them as much as it was but the fact it wasn't competitive twice is what I think hurt them.
 

mmp121

Junior
Dec 31, 2008
240
283
63
Similarities, but also very different.
And PSU fans are - obviously - still hot about it.

FWIW:
It was Washington, not OSU, that kept PSU out of the Final 4. (The rankings were Alabama, Clemson, Ohio State, Washington - in that order)
Washington was ranked ahead of PSU every step of the way, from the first committee rankings to the last.

Now, to make it more similar to the current situation vav Notre Dame:
Imagine PSU was ranked AHEAD of Washington every step of the way...... and then, after the season concluded, the "committee" said: "Nah, we was just foolin' Washington is actually the better team. PSU is out"
I am sure you would agree PSU fans would be (justifiably) apoplectic.
As fun as it may be to revel in Notre Dame's misery, anyone who would fail to recognize that would have to be adamantly ignorant.
Clemson smoked tOSU 31-0 in that playoff game. I'm not saying PSU would have won, but I believe that offense would have put up some points.
 
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razpsu

Heisman
Jan 13, 2004
13,519
13,331
113
How does not playing Notre Dame freeze one of their teams out?

The deal giving Notre Dame a playoff spot that freezes a bubble team out.
Bubble team? One of the conference teams will be shut out to make way for notre dame and their lame schedule.
 

SleepyLion

All-Conference
Sep 1, 2022
2,310
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CFB really needs to go to a performance-based playoff system. Go to 14 teams, with 4 AQ's each from the BIG and SEC, 2 each from the ACC and Big 12, 1 from the Group of five, and 1 at-large. In that scenario, ND's only path to the playoff is by getting the one at-large bid. Otherwise, subjectivity is taken out of the playoff selection process.

Championship weekend then becomes a defacto first round of the playoffs, with a ton of meaningful games. The BIG champ and the SEC champ winners get automatic first-round playoff byes, while the BIG and SEC championship losers still make the playoff. Meanwhile, BIG and SEC teams 3 and 6 and teams 4 and 5 play to determine who fills the other two slots. Teams 1 and 4 and teams 2 and 3 in the ACC and Big 12 also play to determine their two playoff participants.

The current committee selection process is hopelessly flawed.
This might work.
If there was some system to change which conference got the bye it would be interesting. If 7 years from now the ACC has a strong conference and the SEC has gotten weaker, but SEC still gets the bye that would give us something else to b!t<h about.
 
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Mufasa94

Senior
Jan 9, 2009
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Clemson smoked tOSU 31-0 in that playoff game. I'm not saying PSU would have won, but I believe that offense would have put up some points.
Yeah, our boys put up 49 and lost to a 3-loss team that Bama trounced 52-6. 2016 is the longest lasting wanna have a participation trophy complaint that exists.

Clemson and Bama were on a level above the rest of cfb that season.
 

Grant Green

All-Conference
Jan 21, 2004
3,416
4,705
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If you really want to take subjectivity out of it and still have a truly competitive playoff, make division 1 consist of 40 teams (or whatever number you like) with divisions and then have an NFL style playoff.

The bottom 4 teams get relegated to division 2 and the top 4 D2 teams get promoted. You could have a D3 with the same relegation rules. D2 and D3 can have their own playoff.
 
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Woodpecker

All-American
May 29, 2001
3,837
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