Metropolitan Intercollegiate Basketball Association v. National Collegiate Athletic Association and Cedric Dempsey (Damages assessment)

The Situation

In 2001, the Metropolitan Intercollegiate Basketball Association (MIBA), comprised of five New York City universities, filed an antitrust suit against the National Collegiate Athletic Association (NCAA), which is comprised of more than 1,250 institutions, conferences, organizations, and individuals, including the members of the MIBA. The metropolitan association alleged that the NCAA was engaging in anticompetitive behavior designed to hurt the MIBA’s annual National Invitation Tournament (NIT) events. Specifically, the suit challenged the NCAA’s Commitment to Participate Rule, which allegedly required that if a team is chosen to play in the prestigious NCAA Tournament, it must play in that event rather than play in the NIT.

NERA's Role

Counsel for the NCAA retained NERA Senior Vice President Dr. Lauren Stiroh, who submitted an expert report and gave deposition testimony in the case rebutting plaintiff's damage analysis. Among her findings, Dr. Stiroh concluded that the plaintiff failed to establish that the NCAA’s Commitment to Participate Rule caused any damage to the NIT or contributed in any way to the MIBA’s financial situation.

The Result

On 17 August 2005, the parties agreed to settle the suit with the NCAA purchasing the preseason and postseason NIT events.