Washington, DC (My Sportsbook) - Utah senator Orrin Hatch spelled out the hierarchical disparity of the Bowl Championship Series during a jam-packed subcommittee meeting, telling members of the committee on antitrust oversight that a Justice department investigation into the system is warranted.

Hatch left the brainstorming session for changes to the system on the back burner Tuesday, instead spelling out his reasons why the BCS may not in fact comply with the law.

"The purposeful disparities in funding created by the BCS ensures that schools in privileged conferences, even those whose football teams are not all that competitive, enjoy advantages in offering scholarships and providing staff and facilities for all their athletic programs," stated Hatch. "The increased visibility that accompanies automatic qualification into a BCS game guarantees that the teams from outside conferences face disadvantages with regard to recruiting players and hiring top coaches."

This built-in monetary chasm between the big schools and the smaller institutions was the thrust of Hatch's belief that the BCS has problems complying with the nation's antitrust laws.

"Yet, after the 2008 season, when the flaws in the BCS system were made more obvious than ever, the architects have sought to extend the status quo for the foreseeable future."

Not if Hatch has his way.

He noted Section 1 of the Sherman Antitrust Act that prohibits contracts, combinations or conspiracies to limit competition. He pointed to Section 2 of the same act when noting the BCS has, in the language used in the document, "monopoly power and uses that power in a way not associated with growth or development as a consequence of having a superior product or business acumen."

Hatch pointed at last season's BCS mess, which included Boise State and the standard bearer of his own home state, Utah. The Utes went undefeated, won the Mountain West and weren't even under consideration for the national championship game, a point driven home by Hatch's comments and preceding testimony from Barry Brett, a lawyer for the Mountain West Conference.

There are 11 Division I conferences within football and under the BCS format, and six of those -- the ACC, SEC, Big East, Big 12, Big 10, and Pac-10 -- are guaranteed $18 million each to distribute among their schools. The other five conferences -- the Sun Belt, WAC, MAC, Conference USA, and the Mountain West -- only get $9.5 million combined whereas Notre Dame, an independent, receives $1.3 million.

This marked the second BCS hearing this calendar year, coming on the heels of one in the House several months ago.