(12-13-2019 03:31 PM)Frank the Tank Wrote: More importantly, the bowl tie-ins do serve a key legal purpose in an 8-team playoff: the *individual* contractual tie-ins are what allow the P5 to have auto-bids in a way that the G5 conferences won't and still pass legal muster. That's why you could see the Big Ten champ always playing the Pac-12 champ in the Rose Bowl in an 8-team playoff, the SEC champ always going to the Sugar Bowl, et. al. The P5 conferences would make the same argument that they actually make to the G5 now: if any G5 league can find a bowl to pay them $40 million-plus per year for their champ, then they'll get an automatic contract bowl slot. (Of course, the P5 leagues know that won't happen in all likelihood, but the point is that the free market is dictating that to the G5 in a perfectly legal manner when there are individual contractual bowl tie-ins as opposed to the P5 dictating that to the G5 in an illegal restraint of trade action when it's a collective decision among multiple parties.) The P5 (just like the old BCS system) is always going to be on shaky ground if they justify their auto-bids based on competitive reasons and using a *collective* decision. As a result, they way to secure "auto-bids" is by economic free market contracting *individually* with specific bowls, which applies an entirely different analysis. The "collective action" versus "individual action" makes a huge difference here.
Hmmm ... I'm not sure that solves the legal problem. I mean yes, the P5 conferences all have mega-deals with big bowl games like the Rose, Sugar, etc. that mean they get far more of the CFP money-pot than do the G5 teams. And that is solid, because as you note it is based on market forces - the Orange Bowl is willing to pay the ACC $27.5m to play in it, but nobody is willing to pay the Sun Belt to play in their bowl game, and the law can't be used to force anyone to any more than it can be used to force a women to go out on a date with me if she doesn't want to.
But crucially, the current CFP playoff system itself doesn't have any such characteristic. It is formally entirely neutral, both in terms of money and access. Ohio State doesn't have any more of a formal path to the playoffs than does Tulsa, and if Ohio State and Tulsa both make the playoffs, they (or their conference) each gets the same flat rate. That's because playoff access isn't economic, it isn't based on market forces, but rather merit.
In contrast, switching to a 5-1-2, or 5-3 playoff model would introduce formal differences in conference access to the playoffs themselves, and that could very well open up a big legal can of worms. Nowhere else in college sports or any sport I can think of do you have a situation where conference X is guaranteed a spot but conference Y isn't. Even in sports like hoops, where the ACC might get 8 teams in and the MEAC just one, the formal rules are identical - each gets one autobid and then may or may not get any other at-large bids as determined by a committee.
So no, I don't think an attempt to conflate playoff access with the contracts the conferences have with the major bowls solves the problem. Heck, C-USA could say "well, we have a contract to send our champ to the Cajun Fried Turkey Bowl, so why isn't that "folded in" to the playoffs the way the Rose Bowl is"? There's no answer to that except an economic one, but an economic one is alien to what a playoffs is and a judge would see right through it, IMO.
In contrast .... straight 8! :)