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dean of the antitrust bar back at Iowa, I got the top grade in class, I did a bunch of merger antitrust work and am generally well versed in it, I have watched NASCAR for 35 years and absolutely firmly with my heart of hearts believe that every single thing NASCAR has done is squarely within a defense called the "Rule of Reason." Basically, NASCAR operated the way it did because without their rules package the sport would collapse. Yet the trial judge let the case proceed to trial. The trial judges just don't understand this stuff and if you lose at trial, get a runaway verdict and then have it trebled under the Clayton Act you're just absolutely fucked.

Sure, you can appeal but you gotta post a bond, it will take years and there's no guarantee you will get a fair shake on appeal. I'm basically at the point of thinking the US needs specialized courts for antitrust and patent cases because the last god damned thing I would want to do if I was a deep pocket is get stuck defending an antitrust case involving a Clemson athlete in front of a jury empaneled in federal court in Greenville County, South Carolina. The entire god damned case comes down to the motion to dismiss, you get a case in front of the jury and some plaintiff lawyer telling the jury the reason Clemson didn't win the title is because of the NCAA's rules and you're in for a potential bloodbath. It ain't good.