Friday, November 21, 2014

Brief of Amici Curiae Antitrust Law Professors in O'Bannon v. NCAA

Thomas C. Arthur, Emory University School of Law, Amitai Aviram, University of Illinois College of Law, Edward D. Cavanagh, St. John's University - School of Law, Jorge L. Contreras, University of Utah - S.J. Quinney College of Law, Daniel A. Crane, University of Michigan Law School, Susan Beth Farmer, The Pennsylvania State University Dickinson School of Law, Herbert J. Hovenkamp, University of Iowa - College of Law, Keith N. Hylton, William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law, Michael S. Jacobs, DePaul University - College of Law, Alan J. Meese, William & Mary Law School, Salil K. Mehra, Temple University - James E. Beasley School of Law, William H. Page, University of Florida - Fredric G. Levin College of Law, Gary R. Roberts, Indiana Univ. Robert H. McKinney School of Law, D. Daniel Sokol, University of Florida - Levin College of Law; George Washington University Law School Competition Law Center, and Alexander Volokh, Emory University School of Law today filed a Brief of Amici Curiae Antitrust Law Professors in O'Bannon v. NCAA

ABSTRACT:  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.

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