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Antitrust Provisions › Sherman Act › College Athletes

Troutman Pepper Locke

Elad v. NCAA – Former JUCO Player Demonstrates Likelihood of Success in Antitrust Suit Challenging NCAA’s JUCO Rule

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On April 25, U.S. District Judge Zahid N. Quraishi ordered the NCAA not to enforce its Five-Year Rule against Rutgers University cornerback Jett Elad. The impact of name, image, and likeness (NIL) agreements on the new world...more

Venable LLP

From Junior College to the Sherman Act: How One Vanderbilt Quarterback May Have Changed the NCAA Forever

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On December 18, the National Collegiate Athletic Association (NCAA) once again found itself on the losing end of a federal court opinion that could alter the landscape of collegiate athletics....more

Poyner Spruill LLP

Judge Rules NCAA Bylaw on Eligibility Likely Violates the Sherman Antitrust Act

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Athletic departments at NCAA member institutions must now consider whether their student-athletes who transferred from non-NCAA schools are eligible to play another season of college sports....more

Womble Bond Dickinson

South Carolina’s New NIL Law and What it Means for Collegiate Athletes in the State

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On Tuesday, May 21, 2024, South Carolina Governor Henry McMaster signed bill H. 4957 into law after it was approved unanimously by state lawmakers earlier in the year. Similar NIL (“Name, Image, and Likeness”) bills to H....more

Troutman Pepper Locke

Florida, New York, and the District of Columbia Join NCAA Antitrust Lawsuit

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On Wednesday, attorneys general (AG) for the states of Florida, New York, and the District of Columbia announced that they are joining Tennessee and Virginia in a multistate coalition challenging the National Collegiate...more

Troutman Pepper Locke

Transfer of Power: Federal Court Temporarily Blocks the NCAA's Transfer Eligibility Rules

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On December 13, a West Virginia federal judge placed a temporary hold on an NCAA rule (NCAA Division I Bylaw 14.5.5.1) requiring certain student-athletes who transferred schools to wait a year before competing in games. This...more

Foley & Lardner LLP

The NIL Presumption: Is the Newest NCAA Measure a Boon for Enforcement or the Next Front for Legal Challenge?

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The Name, Image, and Likeness (“NIL”) era of college sports has brought headlines, rumors, and dollar signs, but little in the way of NCAA enforcement. The NCAA’s seeming reluctance to take action against perceived violators...more

BCLP

The Application of the Antitrust Laws to Joint Ventures to Be Considered by the Supreme Court

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Joint venture analysis remains an area of confusion in antitrust law. Courts have tended to elevate form over substance, misapply economic principles, and lose focus of the basic purposes of the antitrust laws, i.e.,...more

Winstead PC

SCOTUS Sets Argument on Case with NIL Implications

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An important development in the fast-changing landscape of intercollegiate athletics’ name, image, and likeness (NIL) rules may occur, when NCAA v. Alston is heard by the United States Supreme Court in March, with the Court’s...more

Shumaker, Loop & Kendrick, LLP

Trial in Landmark Student-Athlete Compensation Case Gets Underway

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As an exciting weekend of college football kickoff games comes to a close, a trial that could fundamentally alter the landscape of collegiate athletics is just beginning. On September 4th, a bench trial began in the...more

Patterson Belknap Webb & Tyler LLP

On Judicial Review Rebound, Court Finds NCAA Compensation Rules Challenge May Proceed

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In late March, a district court in the Northern District of California partially granted and partially denied dueling summary judgment motions in an MDL class action—In re NCAA Athletic Grant-In-Aid Cap Antitrust...more

Stoel Rives LLP

NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

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As a lifelong Boise State University fan, and gamer who pre-ordered the EA Sports NCAA Football 2008 game (with Jared Zabransky on the cover), I was probably more excited than your average legal beagle to read last week’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NCAA Play for Pay? Ninth Circuit Rules Antitrust Rule of Reason Does Not Require Payments for ‘Name, Image, or Likeness’

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On September 30, 2015, the Ninth Circuit Court of Appeals upheld a lower court’s ruling that the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws. The Ninth Circuit panel...more

Patterson Belknap Webb & Tyler LLP

NCAA appeals district court decision in O’Bannon v. NCAA

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On November 14, 2014, the National Collegiate Athletic Association (“NCAA”) filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as...more

Mintz

Busting Brackets: District Court Rejects NCAA’s Summary Judgment Motion and Allows Student-Athletes’ Suit for Publicity...

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Nearly five years into the lawsuit, a District Court denied defendant NCAA’s summary judgment motion, and ordered that the antitrust claims of current and former student-athletes denied compensation for the commercial use of...more

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