A federal judge has dismissed the antitrust lawsuit filed by Governor Tom Corbett and the state of Pennsylvania against the NCAA challenging the heavy sanctions the college sports governing body imposed on Penn State’s football program in the wake of the Jerry Sandusky sex-abuse scandal.
U.S. District Chief Judge Yvette Kane of the Middle District of Pennsylvania said the lawsuit, which argued, among other things, that the National Collegiate Athletic Association sought to bolster its own reputation by levying unprecedented penalties on the program, did not rise to the level of "commercial activity" under the federal Sherman Antitrust Act. Had the lawsuit established commercial activity, Kane said Corbett still would not have met the standard for antitrust the crux of her decision in Commonwealth v. National Collegiate Athletic Association.
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