Wednesday, July 30, 2014
The NCAA's 'Death Penalty' Sanction - Reasonable Self-Governance or an Illegal Group Boycott in Disguise?
Marc Edelman, Zicklin School of Business, Baruch College, City University of New York ask The NCAA's 'Death Penalty' Sanction - Reasonable Self-Governance or an Illegal Group Boycott in Disguise?
ABSTRACT: This Article examines why the NCAA “death penalty,” although arguably benevolent in its intent, undermines the core principles of federal antitrust law. Part I of this Article discusses the history of college athletics, the NCAA, and the “death penalty” sanction. Part II provides an introduction to section 1 of the Sherman Act and its application to the conduct of both private trade associations and the NCAA. Part III explains why a future challenge to the NCAA “death penalty” could logically lead to a court’s conclusion that the “death penalty” violates section 1 of the Sherman Act. Finally, Part IV explains why Congress should not legislate a special antitrust exemption to insulate the NCAA “death penalty” from antitrust law’s jurisdiction.