The Catholic University of America

NACUA Notes (National Associate of College and University Attorneys), October 21, 2015. Volume 14, Number 1.
  National Association of College and University Attorneys        October 21, 2015 | Vol. 14 No. 1

 

ANTITRUST ISSUES AFFECTING INTERCOLLEGIATE ATHLETICS

Frank Hinman
Jazmin Holmes
Kevin Papay
Dominique Perez
Jennifer A. Zimbroff

INTRODUCTION:

 

Antitrust laws seek to promote competition and thereby provide consumers with lower prices and more "output" of goods and services by prohibiting "unreasonable" restraints on competition. Although these laws are designed primarily for the commercial marketplace (i.e., "trade"), they are regularly applied to a variety of activities related to intercollegiate athletics, including sales of media rights, limits on grants-in-aid available to student-athletes, and decisions affecting suppliers of goods (e.g., equipment) or services (e.g., coaching). This trend of applying antitrust scrutiny to college sports has intensified in recent years. For example, the National Collegiate Athletic Association (NCAA) is currently involved in significant antitrust litigation involving the rights to student-athlete publicity and the allowable value of athletics grants-in-aid.

This Note highlights the circumstances in which antitrust issues can arise in the context of intercollegiate athletics and provides situation-specific, practical guidance on antitrust risk assessment and minimization. Finally, it introduces some of the issues that may arise in the wake of the Ninth Circuit's recent review of the district court decision in O'Bannon v. NCAA and related events. Read more.

 

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