Download this Paper Open PDF in Browser

U.S. Court Finds that an Athletics Association's Rules Restricting Payments to Student-Athletes Violate Antitrust Laws (O’Bannon v. NCAA)

e-Competitions Bulletin, No. 68725, Sept. 2014

8 Pages Posted: 19 Sep 2014  

Michael A. Carrier

Rutgers Law School

Date Written: September 16, 2014

Abstract

In O'Bannon v. NCAA, the court found that the NCAA violated antitrust law by enacting rules preventing student-athletes from being paid for the use of their names, images, and likenesses in videogames, live game telecasts, and other television footage.

This short article examines the opinion, in particular the court's discussion of (1) the plaintiffs' showing of anticompetitive effects, (2) the NCAA's inability to justify the restraint, (3) less restrictive alternatives, and (4) an injunction blocking the NCAA's rules.

The article concludes by situating the opinion in the context of other recent developments, including the Jenkins and Alston cases, Northwestern unionization case, congressional hearings, and changes made by individual schools and conferences.

Keywords: sports, antitrust, NCAA, right of publicity

JEL Classification: J42, K21, L41, L44, L82, L83

Suggested Citation

Carrier, Michael A., U.S. Court Finds that an Athletics Association's Rules Restricting Payments to Student-Athletes Violate Antitrust Laws (O’Bannon v. NCAA) (September 16, 2014). e-Competitions Bulletin, No. 68725, Sept. 2014. Available at SSRN: https://ssrn.com/abstract=2497110

Michael A. Carrier (Contact Author)

Rutgers Law School ( email )

217 North Fifth Street
Camden, NJ 08102-1203
United States
856-225-6380 (Phone)
856-225-6516 (Fax)

Paper statistics

Downloads
145
Rank
169,551
Abstract Views
1,331