Reevaulating Amateurism Standards in Men's College Basketball

Abstract:     
This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student athletes to pursue business opportunities neutral to college budgets; potential revenue sources would include: summer professional leagues, endorsement contracts, and paid-promotional appearances.

Keywords: amateurism, NCAA, antitrust, paying athletes, NCAA deregulation, men's college basketball, sports, sports law, sports economics

Accepted Paper Series