The NCAA, Fair Pay to Play, Antitrust Scrutiny, and the Need for Institutional Reform
Wake Forest Intellectual Property Law Journal, Forthcoming
Baruch College Zicklin School of Business Research Paper No. 2020-03-02
22 Pages Posted: 8 May 2020 Last revised: 21 May 2020
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