25 Pages Posted: 22 Nov 2014 Last revised: 22 Sep 2015
Date Written: November 21, 2014
On November 21, 2014, 15 professors of antitrust law at leading U.S. universities submitted an amicus brief in the O'Bannon v. NCAA 9th Circuit appeal in support of the NCAA. They have an interest in the proper development of antitrust jurisprudence, and they agree that the court below misapplied the “less restrictive alternative” prong of the rule of reason inquiry for assessing the legality of restraints of trade under Section 1 of the Sherman Act, 15 U.S.C. § 1. They are concerned that the district court’s approach to the antitrust rule of reason, if affirmed, would grant undue authority to antitrust courts to regulate the details of organizational rules, and would also undermine the NCAA’s goal of amateurism in collegiate athletics, a goal that courts have recognized universally as valid and important — and in which the undersigned, as academics themselves, are deeply interested.
Keywords: NCAA, antitrust, rule of reason, sports
JEL Classification: K21, L41
Suggested Citation: Suggested Citation
Arthur, Thomas C. and Aviram, Amitai and Cavanagh, Edward D. and Contreras, Jorge L. and Crane, Daniel A. and Farmer, Susan Beth and Hovenkamp, Herbert J. and Hylton, Keith N. and Jacobs, Michael S. and Meese, Alan J. and Mehra, Salil K. and Page, William H. and Roberts, Gary R. and Sokol, D. Daniel and Volokh, Alexander, Brief of Amici Curiae Antitrust Law Professors in O'Bannon v. NCAA (November 21, 2014). University of Illinois College of Law Legal Studies Research Paper No. 15-24. Available at SSRN: https://ssrn.com/abstract=2528881 or http://dx.doi.org/10.2139/ssrn.2528881
By Wouter Wils