NCAA ‘NIL’ Guidance Places Association At Renewed Antitrust Risk

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NCAA ‘NIL’ Guidance Places Association At Renewed Antitrust Risk
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The National Collegiate Athletic Association is once again heading down a perilous path that could place the college sports trade association in antitrust trouble.

” In doing so, the NCAA may have again chilled the free market for compensating revenue-generating college athletes.

While the NCAA’s latest effort to limit payment to college athletes has never been tested in any court, the NCAA’s latest wage-limiting restraint is tantamount to the kind of restraints that many courts already disallow. Notably, just last year, the U.S. Supreme Court held inthat the NCAA’s rules prohibiting colleges from providing direct, in-kind educational benefits to their athletes ran afoul to federal antitrust law.

By passing new “guidance” to limit third-party payments to college athletes, NCAA leaders are again placing themselves at legal peril—even despite there being far safer legal alternatives to address NIL policy.

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