The NCAA, Fair Pay to Play, Antitrust Scrutiny, and the Need for Institutional Reform

Edelman, Marc

The NCAA, Fair Pay to Play, Antitrust Scrutiny, and the Need for Institutional Reform

Wake Forest Intellectual Property Law Journal, Forthcoming

22 Pages Posted: 8 May 2020 Last revised: 21 May 2020

Marc Edelman

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

Date Written: February 28, 2020

Abstract

This published keynote address explains why the NCAA's threat to ban member colleges that comply with California's Fair Pay to Play Act would violate Section One of the Sherman Antitrust Act, and why emerging state laws to grant college athletes the right to license their own names, images, and likenesses conforms with basic principles of liberty and fairness.

Keywords: Fair Pay to Play Act, NCAA, antitrust, Sherman Act, sports, sports law, education, higher education, NIL, publicity rights, NIL rights, college sports, college basketball college football, Nancy Skinner

JEL Classification: I23, I28, I2, Z2, Z20, Z22, Z28, L00, L4, L41, L40, L44, L12, K1, K2, K21, K31, J00, J18, J8, J42

Suggested Citation: Suggested Citation

Edelman, Marc, The NCAA, Fair Pay to Play, Antitrust Scrutiny, and the Need for Institutional Reform (February 28, 2020). Wake Forest Intellectual Property Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3575868