Volume : 4, Issue : 5, MAY 2018

ALLEGED ANTITRUST VIOLATIONS IN COLLEGIATE ATHLETICS

JOSHUA GROH, CHASE WALTERS, CLIFFORD FISHER

Abstract

The previous four decades have witnessed numerous suits brought against the National Collegiate Athletics Association. Plaintiffs have included student athletes, coaches, broadcasters, tournament organizers, and more, all allegedly impacted by the NCAA’s enforcement of eligibility and similar regulations. All cases discussed in this piece alleged violations of the Sherman Antitrust Act, America’s first “trust-busting” statute to eliminate unreasonable restraints on trade, often taking the form of monopolies and trusts. While numerous plaintiffs have alleged violations of the Sherman Act, only few have been awarded relief after an extensive process fought every step of the way by the NCAA. After taking the first step of defining activities as commercial to pave way for application of the Sherman Act, several cases have certified a class action and argued for the application of one of the three primary methods of determining antitrust violations: per se, quick-look, and the rule of reason. This paper includes a case-specific analysis of each step in the litigation process of alleged violations of the Sherman Antitrust Act. Its primary goal is to educate legal representatives of NCAA member universities and legal professionals planning to or in the process of representing student athletes.

Keywords

Leadership, Traits, Emotional Maturity, Survey, Hypothesis, Sampling Technique.

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References

1. Finances. (2015). Retrieved February 20, 2018, from http://www.ncaa.org/about/resources/finances 2. Byers, W., & Hammer, C. (1995). Unsportsmanlike Conduct: Exploiting College Athletes. Ann Arbor: University of Michigan Press. Retrieved from http://www.jstor.org.ezproxy.lib.purdue.edu/stable/10.3998/mpub.14486 3. Vanderford, R. (2015). NOTE: PAY-FOR-PLAY: AN AGE-OLD STRUGGLE FOR APPROPRIATE REFORM IN A CHANGING LANDSCAPE BETWEEN EMPLOYER AND EMPLOYEE. Southern California Interdisciplinary Law Journal. Retrieved March 21, 2018, from https://advance-lexis-com.ezproxy.lib.purdue.edu/api/permalink/fe10885a-2e54-45a1-aa97-2375e493a21b/?context=1516831. 4. University of Denver v. Nemeth, No. 257 P.2d 423 (May 11, 1953), 2018 United States Nexis Uni 441 5. Walter (2017) Fair compensation for student-athletes. Unpublished piece, Purdue University. 6. Sherman Antitrust Act. (2010, August 19). Retrieved February 22, 2018, from https://www.law.cornell.edu/wex/sherman_antitrust_act 7. The Antitrust Laws. (2017, December 14). Retrieved February 22, 2018, from https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws 8. The Sherman Antitrust Act. (2004). Retrieved February 22, 2018, from http://www.linfo.org/sherman.html 9. The Federal Trade Commission Act. (2016, August 12). Retrieved February 22, 2018, from https://www.ftc.gov/enforcement/statutes/federal-trade-commission-act
10. Sherman Antitrust Act. (2010, August 19). Retrieved February 22, 2018, from https://www.law.cornell.edu/wex/sherman_antitrust_act 11. Sherman Antitrust Act. (2010, August 19). Retrieved February 22, 2018, from https://www.law.cornell.edu/wex/sherman_antitrust_act 12. The Federal Trade Commission Act. (2016, August 12). Retrieved February 22, 2018, from https://www.ftc.gov/enforcement/statutes/federal-trade-commission-act 13. United States Court of Appeals for the Sixth Circuit. Bassett v. NCAA. no. 528 F.3d 426, 9 June 2008. Nexis Uni. Judge Christopher A. Bokyo 14. Commercial Activity Law and Legal Definition. (2016). Retrieved February 21, 2018, from https://definitions.uslegal.com/c/commercial-activity/ 15.United States Court of Appeals for the Sixth Circuit. Bassett v. NCAA. no. 528 F.3d 426, 9 June 2008. Nexis Uni. Judge Christopher A. Bokyo 16. NCAA v. Smith, No. 525 U.S. 459 (February 23, 1999) (Nexis Uni, Dist. file).Judge Ruth Bader Ginsburg 17. Worldwide Basketball & Sport Tours, Inc. v, NCAA, No. 388 F.3d 955 (United States Court of Appeals for the Sixth Circuit November 15, 2004) (Nexis Uni, Dist. file). Judge Alice Moore Batchelder 18. Agnew v. NCAA, No. 683 F.3d 328 (United States Court of Appeals for the Seventh Circuit June 18, 2012) (Nexis Uni, Dist. file).Judge Joel M. Flaum 19. Banks v. NCAA, No. 508 U.S. 908 (May 17, 1993) (Nexis Uni, Dist. file). 20. Staff, L. (2011, November 30). Rule 23. Class Actions. Retrieved February 22, 2018, from https://www.law.cornell.edu/rules/frcp/rule_23 21. Jenkins v. NCAA, No. 311 F.R.D. 532 (United States District Court for the Northern District of California December 4, 2015) (Nexis Uni, Dist. file). 22. Law v. NCAA, No. 134 F.3d 1010 (United States Court of Appeals for the Tenth Circuit January 23, 1998) (Nexis Uni, Dist. file).Judge David M. Ebel 23. Horizontal Price-fixing Legal Definition. (2018). Retrieved February 21, 2018, from https://www.merriam-webster.com/legal/horizontal%20price-fixing 24. Law v. NCAA, No. 134 F.3d 1010 (United States Court of Appeals for the Tenth Circuit January 23, 1998) (Nexis Uni, Dist. file).Judge David M. Ebel
25. National Collegiate Athletic Ass'n v. Board of Regents, No. 468 U.S. 85 (June 27, 1984) (Nexis Uni, Dist. file).Judge John Paul Stevens 26. Hennessey v. National Collegiate Athletic Asso., No. 564 F.2d 1136 (United States Court of Appeals for the Fifth Circuit December 16, 1977) (Nexis Uni, Dist. file).Judge Peter T. Fay 27. Goldfarb v. State Bar, No. 421 U.S. 773 (June 16, 1975) (Nexis Uni, Dist. file).Judge Warren Earl Burger 28. Smith v. NCAA, No. 139 F.3d 180 (United States Court of Appeals for the Third Circuit March 16, 1998)(Nexis Uni, Dist. file).Judge Morton Ira Greenberg 29. McCormack v. National Collegiate Athletic Asso., No. 845 F.2d 1338 (United States Court of Appeals for the Fifth Circuit June 1, 1988) (Nexis Uni, Dist. file). Judge Alvin Benjamin Rubin 30. Gaines v. National Collegiate Athletic Ass'n, No. 746 F. Supp. 738 (United States District Court for the Middle District of Tennessee, Nashville Division September 20, 1990) (Nexis Uni, Dist. file). Judge Thomas Anderson Wiseman Jr. 31. Jones v. NCAA, No. 679 So. 2d 381 (September 12, 1996) (Nexis Uni, Dist. file). Judge Catherine D. Kimball 32. National Collegiate Athletic Ass'n v. Board of Regents, No. 468 U.S. 85 (June 27, 1984) (Nexis Uni, Dist. file).Judge John Paul Stevens 33. Worldwide Basketball & Sport Tours, Inc. v, NCAA, No. 388 F.3d 955 (United States Court of Appeals for the Sixth Circuit November 15, 2004) (Nexis Uni, Dist. file). Judge Alice Moore Batchelder 34. FTC v. Indiana Federation of Dentists, No. 476 U.S. 447 (June 2, 1986) (Nexis Uni, Dist. file). Judge Byron R. White 35. Worldwide Basketball & Sport Tours, Inc. v, NCAA, No. 388 F.3d 955 (United States Court of Appeals for the Sixth Circuit November 15, 2004) (Nexis Uni, Dist. file).Judge Alice Moore Batchelder 36. Law v. NCAA, No. 134 F.3d 1010 (United States Court of Appeals for the Tenth Circuit January 23, 1998) (Nexis Uni, Dist. file).Judge David M. Ebel 37. National Collegiate Athletic Ass'n v. Board of Regents, No. 468 U.S. 85 (June 27, 1984) (Nexis Uni, Dist. file).Judge John Paul Stevens 38. In re NCAA Student-Athlete Name & Likeness Licensing Litig., No. 108 U.S.P.Q.2D (BNA) 1795 (United States District Court for the Northern District of California November 8, 2013) (Nexis Uni, Dist. file).Judge Claudia Wilken
39. O'Bannon v. NCAA, No. 7 F. Supp. 3d 955 (United States District Court for the Northern District of California August 8, 2014) (Nexis Uni, Dist. file).Judge Claudia Wilken 40. National Collegiate Athletic Ass'n v. Board of Regents, No. 468 U.S. 85 (June 27, 1984) (Nexis Uni, Dist. file).Judge John Paul Stevens.