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A Kansas senator has asked the Department of Justice (DOJ) to investigate the alleged role ESPN may have played in the University of Texas‘(UT) and the decision of the University of Oklahoma (OU) to move from the Big 12 Conference to the Southeastern Conference (SEC).
Senator Roger Marshall, R-Kansas, sent a letter to Attorney General Merrick Garland on Wednesday expressing concerns about ESPN’s role in changing UT and OU’s conference out of the Big 12 .
Marshall noted that schools were invited by the SEC to join after announcing that they “had no plans to renew their contract with the Big 12 conference,” and pointed to the “less apparent” allegations according to which ESPN “encourages and works to ensure this decision happens.”
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The Kansas senator pointed to reports showing the Big 12 had evidence of manipulation by ESPN and commented that Big 12 commissioner Bob Bowlsby “even sent a cease and desist letter” to the network accusing them of ‘trying to poach teams for the SEC. .
Additionally, the senator wrote that the commissioner claimed that ESPN had spoken at at least one other conference about the addition of outgoing Big XII conference members.
“Another article reports that ESPN acquired the valuable SEC package from CBS, giving them 100 percent of the SEC television rights,” Marshall wrote, citing a report on this point. “Because they have the SEC television rights, they will benefit tremendously from the Texas and Oklahoma additions.”
“Conveniently, the ESPN-SEC deal begins in 2024 and their contract with the Big XII expires only a year later when the teams are expected to join the SEC,” added Marshall.
The Republican senator wrote that although he did not know the terms of the contract, “the United States Supreme Court has ruled that the exclusive right to broadcast all championship games is a violation of antitrust laws.”
He also added that legislation previously “passed to overturn this decision for professional football” did not apply to college ball and, therefore, does not benefit from the antitrust exemption.
“I am writing today to ask the DOJ to investigate ESPN’s role in the potential destruction of the Big XII Conference and whether anti-competitive or illegal behavior occurs regarding the manipulation of the conference change or television rights. ESPN contractors, ”concluded Marshall.
In an email Friday, an ESPN spokesperson told Fox News about a letter sent by the company’s president of programming and original content, Burke Magnus, to Bowlsby after his accusations, saying that they were “without merit” and that Commissioner Big 12’s letter consisted “entirely of unsubstantiated speculation and legal conclusions.”
“To be clear, ESPN has not engaged in any improper behavior and therefore there is nothing to ‘cease and desist’,” Burke wrote. “We hope that will put the matter to rest.”
The spokesperson also directed Fox News to comments from Jay Hartzell, president of UT, who told the Texas Senate “absolutely, categorically, no” when asked if Texas had had any conversations with ESPN during the conference realignment process.
ESPN also highlighted comments made by the commissioner of the American Athletics Conference, Mike Aresco, denying that he conspired with ESPN to poach the big 12 teams.
“While ESPN is a valuable partner, I must take a moment to respond to some accusations that have been made directly or indirectly against our conference,” Aresco said at a press conference on Wednesday.
“Our conference – and I say this categorically – our conference never aligned or strategically plotted with ESPN to influence conference structures. We wouldn’t do that. ESPN never did and wouldn’t do it,” he continued. “Any suggestions or statements we have made with ESPN regarding the structure of any other conference, as this is a totally unfounded and grossly irresponsible accusation.”
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UT and OU announced last week that they would allow their contracts with the Big XII to expire by 2024 and transition to the SEC by 2025.
The DOJ did not respond to Fox News’ request for comment.
Houston Keene is a reporter for Fox News Digital. You can find him on Twitter at @HoustonKeene.
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