But, on July 23, 2012, Corbett welcomed the NCAA sanctions, saying, "The appalling actions of a few people have brought us once again into the national spotlight. We have taken a monster off the streets and while we will never be able to repair the injury done to these children, we must repair the damage to this university. Part of that corrective process is to accept the serious penalties imposed by the NCAA on Penn State University and its football program."
This decision is not based on a lack of judicial experience with this type of arrangement, on the fact that the NCAA is organized as a nonprofit entity, or on our respect for the NCAA's historic role in the preservation and encouragement of intercollegiate amateur athletics. Rather, what is critical is that this case involves an industry in which horizontal restraints on competition are essential if the product is to be available at all. As Judge Bork has noted: "[S]ome activities can only be carried out jointly. Perhaps the leading example is league sports. When a league of professional lacrosse teams is formed, it would be pointless to declare their cooperation illegal on the ground that there are no other professional lacrosse teams." R. Bork, The Antitrust Paradox 278 (1978). What the NCAA and its member institutions market in this case is competition itself - contests between competing institutions. Of course, this would be completely ineffective if there were no rules on which the competitors agreed to create and define the competition to be marketed. A myriad of rules affecting such matters as the size of the field, the number of players on a team, and the extent to which physical violence is to be encouraged or proscribed, all must be agreed upon, and all restrain the manner in which institutions compete. Moreover, the NCAA seeks to market a particular brand of football - college football. The identification of this "product" with an academic tradition differentiates college football from and makes it more popular than professional sports to which it might otherwise be comparable, such as, for example, minor league baseball. In order to preserve the character and quality of the "product," athletes must not be paid, must be required to attend class, and the like. And the integrity of the "product" cannot be preserved except by mutual agreement; if an institution adopted such restrictions unilaterally, its effectiveness as a competitor on the playing field might soon be destroyed. Thus, the NCAA plays a vital role in enabling college football to preserve its character, and as a result enables a product to be marketed which might otherwise be unavailable.
Senate Appropriations Committee Chairman Jake Corman has filed a suit in Pennsylvania's Commonwealth Court seeking to keep all proceeds from $60 million in fines assessed against Penn State kept for use in Pennsylvania.
Corman said then "I believe the fine money, which is coming from Pennsylvania residents, should stay in Pennsylvania and benefit our organizations and children. Every dollar will continue to go to worthy and valuable child abuse prevention and educational organizations, except this way, the connection between Pennsylvania resident funds and Pennsylvania benefits will be clear."
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