Tuesday, November 18, 2014
U.S. Court Finds that an Athletics Association's Rules Restricting Payments to Student-Athletes Violate Antitrust Laws (O’Bannon v. NCAA)
Michael Carrier, Rutgers Camden describes U.S. Court Finds that an Athletics Association's Rules Restricting Payments to Student-Athletes Violate Antitrust Laws (O’Bannon v. NCAA).
ABSTRACT: In O'Bannon v. NCAA, the court found that the NCAA violated antitrust law by enacting rules preventing student-athletes from being paid for the use of their names, images, and likenesses in videogames, live game telecasts, and other television footage.
This short article examines the opinion, in particular the court's discussion of (1) the plaintiffs' showing of anticompetitive effects, (2) the NCAA's inability to justify the restraint, (3) less restrictive alternatives, and (4) an injunction blocking the NCAA's rules.
The article concludes by situating the opinion in the context of other recent developments, including the Jenkins and Alston cases, Northwestern unionization case, congressional hearings, and changes made by individual schools and conferences.