January 8, 2020 Antitrust / Legislation / Litigation / NCAA / Sponsorships

NCAA President Says Student-Athlete Compensation Rule Changes Limited by Antitrust Lawsuits

NCAA President Mark Emmert stated in a panel that the NCAA’s planned reforms regarding student-athlete compensation will be limited by rulings in various antitrust cases.

After California passed a law allowing for student-athlete compensation and many states looked to follow, the NCAA announced in a statement that it would allow student-athletes to benefit off their name, image, and likeness. The NCAA stressed that any changes would have to be consistent with the collegiate model.

In addition to new laws and proposed legislation, the NCAA …

July 17, 2019 Basketball / NBA

The Collective Bargaining Agreement: The Financial and Logistical Guide to the Modern NBA

National Basketball Association (NBA) fans have been glued to their phones lately wondering which players will sign where. The start of the NBA free agency period has become somewhat of a sports holiday when players announce their new (or same) destinations. Teams often resort to buying billboards, hiring celebrities, and even offering players free food for life to convince these free agents to sign with them. The contract and monetary amounts for players can be staggering. Players are accumulating generational wealth and are constantly …

February 14, 2015 NCAA

NCAA Says District Court Got It Wrong

Citing NCAA v. Board of Regents of the University of Oklahoma where the Supreme Court found the NCAA’s amateurism rules were procompetitive, the NCAA claimed the district court erred in finding such rules anti-competitive and “embracing an analysis that conflicts with fundamental antitrust principles.” The NCAA emphasized that the Supreme Court held that amateurism rules were valid because they

“enable[] a product to be marketed which might otherwise be unavailable.”

In a filing submitted on February 11, the organization criticized the plaintiffs’ argument that the …

January 19, 2015 Antitrust / MLB

9th Circuit Throws Out San Jose’s Antitrust Suit Against MLB

In a unanimous decision, a three-judge panel of the Ninth U.S. Circuit Court of Appeals found that San Jose’s antitrust claims against MLB were barred by baseball’s antitrust exemption.

After its antitrust suit against MLB in 2013 was dismissed by a trial court, San Jose had appealed the decision to the Ninth Circuit early last year to continue its effort to move the Oakland A’s to Silicon Valley.

San Jose challenged the 92-year old antitrust exemption of MLB to bring the Oakland Athletics to Silicon …

November 26, 2014 Litigation / NCAA

Law Professors Support NCAA’s Appeal in O’Bannon Case

On November 21, fifteen law professors filed an amicus brief with the Ninth Circuit Court in support of the NCAA in its O’Bannon appeal.

The fifteen antitrust law professors argued that U.S. District Judge Claudia Wilkin’s decision that the NCAA violated antitrust law was a misapplication of the “less-restrictive alternative prong” of the relevant analysis.

Referring to the “limited appellate authority” in defining the scope of the less-restrictive alternative, the professors stated that if the Circuit Court affirms Judge Wilkin’s judgment, it “would substantially expand …

September 10, 2014 Antitrust / NCAA

NCAA Using the O’Bannon Decision to Have Two Other Similar Suits Dismissed

While the NCAA is appealing the O’Bannon decision by Judge Claudia Wilken, it is using Judge Wilken’s ruling in that case as the reason why she should dismiss two other scholarship suits before her.

One lawsuit was brought by several former men’s and women’s basketball players in 11 conferences as well as football players, including former West Virginia running back Shawne Alston. The other suit covered players in men’s basketball and football, including Clemson football player Martin Jenkins.

In the O’Bannon case, Judge Wilken had …

June 10, 2014 Antitrust / NBA

Sterling to Oppose Forced Sale in Court

L.A. Clippers owner Donald Sterling released a statement on Monday titled, “The Team is not for Sale.” In his statement, Sterling claims he will not assent to the forced sale of his team and will fight it in court. Sterling intends to move forward with a $1 Billion lawsuit against the NBA and commissioner Adam Silver for the forced sale of the Clippers. Sterling argues that the NBA breached their contract by fining him and that it breached antitrust law by forcing a sale of …