NCAA v. Alston: Antitrust and Athlete Pay

Best sports of the season may actually be in the court — the Supreme Court.  The Supreme Court has agreed to hear the antitrust against the NCAA and AAC regarding payments to student athletes.

The basic issue here is that big-sport colleges and their associations (NCAA, SEC, ACC, etc.) generate tremendous revenue while at the same time use horizontal agreements to force their athletes to remain amateur.

Question presented:

By NCAA: Whether the Ninth Circuit erroneously held … that the National Collegiate Athletic Association eligibility rules regarding compensation of student-athletes violate federal antitrust law.

Restatement by Athletes: Whether restraints that competing NCAA member schools have agreed to impose in the name of “amateurism” should be exempt from challenge under the antitrust laws.

And, who owns the IP?

See National Collegiate Athletic Ass’n v. Board of Regents of the University of Oklahoma, 468 U.S. 85 (1984)

3 thoughts on “NCAA v. Alston: Antitrust and Athlete Pay

  1. 2

    And, who owns the IP?

    What is the ‘nature’ of ‘amatuerism’ such that it may be deemed a necessary element of ‘education’ that underlies the NCAA position?

    Professionals routinely return to colleges in order to obtain further education.

    This alone would seem to call into question what many consider a ‘sham’ position such that the true business of college sports remains out of proper scrutiny.

    Make no mistake — college sports IS big business.

  2. 1

    minor typo: The American Athletic Conference is the AAC, not the ACC. The ACC is the Atlantic Coast Conference. Obviously, I spend too much time watching college football. :)

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