Ninth Circuit Stays Injunction in O’Bannon v. NCAA Pending Final Decision

Patterson Belknap Webb & Tyler LLP
Contact

The Ninth Circuit issued an order last Friday staying an injunction from U.S. District Judge Claudia Wilken of the Northern District of California in O’Bannon v. NCAA until it reaches a decision on the merits of the appeal. The case involves a challenge to the NCAA’s longstanding ban on paying licensing fees to college athletes for the use of their names and likenesses in broadcasts, merchandise, and video games as an anticompetitive restraint of trade. The injunction, which would have prohibited enforcement of NCAA rules barring compensation of college athletes, was scheduled to take effect on August 1.

As we previously reported, the NCAA appealed the district court’s decision concluding the NCAA’s rules prohibiting student athletes from receiving a portion of revenues derived from use of their names and likenesses unreasonably restrain trade under the Sherman Act. The NCAA has argued that its rules, which are designed to protect amateurism, have not caused any anticompetitive harm. The Ninth Circuit heard oral argument in this case on March 17, 2015. We’ll report back once the Ninth Circuit reaches a decision on the antitrust challenge to the NCAA’s policy.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Patterson Belknap Webb & Tyler LLP | Attorney Advertising

Written by:

Patterson Belknap Webb & Tyler LLP
Contact
more
less

Patterson Belknap Webb & Tyler LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide