Abstract

http://ssrn.com/abstract=2375008
 


 



The Future of Amateurism after Antitrust Scrutiny: Why a Win for the Plaintiffs in the NCAA Student-Athlete Name & Likeness Licensing Litigation Will Not Lead to the Demise of College Sports


Marc Edelman


City University of New York - Baruch College, Zicklin School of Business ; Fordham University School of Law

2014

Oregon Law Review, Vol. 92, No. 4, 2014

Abstract:     
On June 21, 2009, twelve former Division I student-athletes filed an antitrust complaint against the National Collegiate Athletic Association ("NCAA"), alleging that the NCAA rules that prevent student-athletes from controlling the commercial rights to their names and likenesses violate Section 1 of the Sherman Act. In response, the NCAA has argued that its restraints on student-athlete names and likenesses serve the necessary purpose of maintaining competitive balance in college sports. In addition, the NCAA has asserted that if its nationwide restraints are overturned, it would financially "destroy college sports for the vast majority of student-athletes."

This article analyzes the pertinent legal issues in the NCAA Student-Athlete Name & Likeness Licensing Litigation, and explains why a plaintiffs’ victory would not lead to the demise of college sports as the NCAA suggests. Part I of this article provides a history of the college sports marketplace, including its historic governance structure and its transition of economic power from individual colleges to the NCAA. Part II discusses the NCAA Student-Athlete Name & Likeness Licensing Litigation in terms of its procedural history and core legal principles. Part III explains why a win for the plaintiffs in the NCAA Student-Athlete Name & Likeness Licensing Litigation would not truly destroy competitive balance in college sports. Finally, Part IV explains why a win for the plaintiffs similarly would not destroy the financial viability of college sports.

Number of Pages in PDF File: 38

Keywords: NCAA, amateurism, antitrust, antitrust law, sports, sports law, National Collegiate Athletic Association, O'Bannon, Student-Athlete Name & Likeness Licensing, right of publicity, education policy, athletics

JEL Classification: K21, K31, K42, L12, L13, L40, L41, L43, L44, L49, L50, L82, L83, Z10, I00, J42, J58, K10, K21, K31

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Date posted: January 6, 2014 ; Last revised: August 8, 2014

Suggested Citation

Edelman, Marc, The Future of Amateurism after Antitrust Scrutiny: Why a Win for the Plaintiffs in the NCAA Student-Athlete Name & Likeness Licensing Litigation Will Not Lead to the Demise of College Sports (2014). Oregon Law Review, Vol. 92, No. 4, 2014. Available at SSRN: http://ssrn.com/abstract=2375008 or http://dx.doi.org/10.2139/ssrn.2375008

Contact Information

Marc Edelman (Contact Author)
City University of New York - Baruch College, Zicklin School of Business ( email )
One Bernard Baruch Way
Box B9-220
New York, NY 10010
United States
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
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