A federal judge on Thursday threw out the Pennsylvania governor's lawsuit against the NCAA over sanctions against Penn State related to Jerry Sandusky, calling his argument "a Hail Mary pass" that easily warranted dismissal. U.S. Middle District Judge Yvette Kane's decision puts an early end to the antitrust lawsuit Gov. Tom Corbett filed in January in which he sought to overturn a $60 million fine, a four-year bowl ban, scholarship limits and other penalties.
She said she could not "find any factual allegations supporting (Corbett's) allegations of 'concerted action' that could nudge the conspiracy claims into 'plausible' territory."
The NCAA said it was "exceedingly pleased" and hoped the rulings would help heal divisions caused by the Sandusky scandal. Corbett's office told the AP that they were working on a statement.
Kane said that even if the penalties make it harder for Penn State to recruit quality football players, that would not make it an antitrust case.
"The fact that Penn State will offer fewer scholarships over a period of four years does not plausibly support its allegation that the reduction of scholarships at Penn State will result in a market-wide anticompetitive effect, such that the 'nation's top scholastic football players' would be unable to obtain a scholarship in the nationwide market for Division I football players," Kane wrote.
She said the questions the case raises are important matters of public debate, however, are not antitrust grounds.
"In another forum the complaint's appeal to equity and common sense may win the day, but in the antitrust world these arguments fail to advance the ball," Kane said.
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