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Court Blows Up NCAA Transfer Rules
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<blockquote data-quote="slugboy" data-source="post: 984743" data-attributes="member: 282"><p>[URL unfurl="true"]https://harvardlawreview.org/print/vol-135/ncaa-v-alston/[/URL]</p><p></p><p>“The United States District Court for the Northern District of California held that limitations on education-related student-athlete benefits constituted unlawful restraints on trade under section 1 of the Sherman Act.”</p><p></p><p>“As a final step in confirming that the rule of reason test applied, Justice Gorsuch agreed with the district court that the NCAA and its member schools are commercial enterprises subject to the Sherman Act.”</p><p></p><p>“ In challenging the NCAA’s argument that maintaining compensation restrictions is necessary to distinguish college athletics from professional athletics, Justice Kavanaugh stated: “Businesses like the NCAA cannot avoid the consequences of price-fixing labor by incorporating price-fixed labor into the definition of the product.”</p><p></p><p>“The principal contribution of the Court’s decision was to make clear that the NCAA’s compensation rules are subject to Sherman Act scrutiny.”</p><p></p><p>There is some consideration of “amateurism”, but it was largely dismissed, and gets further dismissed with each of the following cases. CFB is considered a commercial enterprise and is subject to antitrust and labor laws.</p></blockquote><p></p>
[QUOTE="slugboy, post: 984743, member: 282"] [URL unfurl="true"]https://harvardlawreview.org/print/vol-135/ncaa-v-alston/[/URL] “The United States District Court for the Northern District of California held that limitations on education-related student-athlete benefits constituted unlawful restraints on trade under section 1 of the Sherman Act.” “As a final step in confirming that the rule of reason test applied, Justice Gorsuch agreed with the district court that the NCAA and its member schools are commercial enterprises subject to the Sherman Act.” “ In challenging the NCAA’s argument that maintaining compensation restrictions is necessary to distinguish college athletics from professional athletics, Justice Kavanaugh stated: “Businesses like the NCAA cannot avoid the consequences of price-fixing labor by incorporating price-fixed labor into the definition of the product.” “The principal contribution of the Court’s decision was to make clear that the NCAA’s compensation rules are subject to Sherman Act scrutiny.” There is some consideration of “amateurism”, but it was largely dismissed, and gets further dismissed with each of the following cases. CFB is considered a commercial enterprise and is subject to antitrust and labor laws. [/QUOTE]
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Court Blows Up NCAA Transfer Rules
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