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 …

December 12, 2019 Legislation / NCAA / Sponsorships

An Unusual Coalition: Five U.S. Senators Spark Bipartisan Effort on Student-Athlete Compensation

A group of five United States senators announced that they will be discussing the drafting of federal legislation addressing the compensation of college athletes. The five senators are: Cory Booker, D-New Jersey; Chris Murphy, D-Connecticut; Mitt Romney, R-Utah; Marco Rubio, R-Florida; and David Perdue, R-Georgia.

As we reported earlier, California became the first state to allow student-athletes to be compensated through endorsements or sponsorships. The NCAA was vehemently opposed to any efforts to mandate payment of college athletes and even threatened to ban California schools …

November 12, 2019 Antitrust / Class Actions / Litigation / NCAA / Rights

NCAA Student-Athlete Pay Rules, Opposition Grows

On October 30, 2019, the plaintiffs in the Alston v. NCAA case gained support in the form of an amicus curiae brief from the Open Markets Institute, Change to Win, the National Employment Law Project, economics professor Marshall Steinbaum, and law professors Sanjukta Paul and Veena Dubal. In the brief submitted to the Ninth Circuit Court of Appeals, the amici argue that the U.S. District Court Judge for the Northern District of California, Claudia Wilken, reached “an overly narrow” decision based upon …

November 6, 2019 Antitrust / Contract / Legislation / Litigation / NCAA

NCAA Plays Defense on All Fronts, College Athletes Seek Big Win in Ninth Circuit

On March 8, 2019, U.S. District Court Judge for the Northern District of California, Claudia Wilken, ruled that the NCAA’s student-athlete compensation limits “unreasonably restrain trade in violation of . . . the Sherman Act.” A group of former and current student-athletes, including plaintiff Shawne Alston, applauded Wilken’s decision but is requesting that the Ninth Circuit invalidate caps on all forms of compensation.

The NCAA appealed Wilken’s decision and is once again defending its student-athlete compensation rules before the U.S. Court of Appeals for the …

October 29, 2018 Antitrust / Class Actions / NCAA

NCAA Trial Winds to a Close amid High Tensions and High Stakes

On October 19, 2018, the NCAA athletes submitted their closing arguments, firing away against the NCAA’s bar against compensating student athletes. The critical antitrust trial has centered on collegiate sports wages, with the plaintiffs arguing against the NCAA is, “economically invalid” in its arguments based on amateurism.

The NCAA has countered that paying student athletes would harm both the demand for college sports and the integration of student-athletes in college campus. The athletes reject these arguments, alleging in their 51 page redacted brief that …

September 25, 2018 Antitrust / NCAA

Judge Highlights Inconsistencies in NCAA Rules against Paying Student Athletes

The NCAA antitrust trial continues, as Division I college basketball and football players vie for compensation, arguing that the current NCAA provisions illegally restrict player wages.

On Friday, U.S. District Judge Claudia Wilken probed NCAA vice president Kevin Lennon on the association’s limits on student wages, pointing out apparent discrepancies between rules imposed on various conferences.

Judge Wilken highlighted a NCAA provision adopted in 2014 that allows five conferences to independently determine their financial aid rules, despite NCAA bylaws imposing cost-of-attendance limits. Visibly perplexed, …

September 21, 2018 Antitrust / Class Actions / Litigation / NCAA

UW Chancellor and AAC Commissioner Each Testify at NCAA Antitrust Trial

On September 17, 2018, University of Wisconsin-Madison (UW) Chancellor, Rebecca Blank, and American Athletic Conference (AAC) Commissioner, Michael Aresco, each testified in the NCAA Antitrust trial. As we have previously reported, in this lawsuit a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for various NCAA schools to compete for top college recruits.

Pursuant to Chancellor Blank’s testimony, UW is considering dropping its athletic program in the event that the court forces …

September 10, 2018 Antitrust / Class Actions / Litigation / NCAA

Sparks Fly on Day Two of the NCAA Antitrust Trial

On September 5, 2018, a Stanford University professor, Dr. Roger Noll, testified as an economist expert on behalf of the college athletes in the ongoing NCAA antitrust trial. Dr. Noll criticized the NCAA’s amateurism rules, claiming that college basketball and football is not a “fragile enterprise dependent on how much players get paid.” As we have previously reported, in this particular lawsuit, a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for …

September 10, 2018 Antitrust / Class Actions / Litigation / NCAA

NCAA Antitrust Trial Starts With a Bang

On September 4, 2018, University of San Francisco professor, Daniel Rascher, testified as an economist expert on behalf of the college athletes. In his testimony, Rascher likened the NCAA to an illegal “cartel” because to their habitual practice of limiting how much money college athletes could be paid. As we have previously reported, in this particular lawsuit, a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for various NCAA schools to …

September 7, 2018 Antitrust / Class Actions / Litigation / NCAA

NCAA Antitrust Bench Trial Set to Begin

On September 4, 2018, U.S. District Judge Claudia Wilken is set to preside over a bench trail between the NCAA and a group of college athletes who want an injunction placed on NCAA amateurism rules. This lawsuit, brought by a class of college athletes, came in the wake of the O’Bannon decision, where a court held that NCAA rules prohibiting college athlete’s ability to profit from their likenesses were anti-competitive. However, as we have previously reported, the final decision, in O’Bannon, held that …