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Court Blows Up NCAA Transfer Rules
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<blockquote data-quote="cpf2001" data-source="post: 984798" data-attributes="member: 6459"><p>You don’t need an antitrust exemption to have a pro league with a collective bargaining agreement, though.</p><p></p><p>There’s some carve outs for TV agreements that I think cover the big 4, but there is no NHL antitrust exemption law that lets them negotiate with the players union that I know of.</p><p></p><p>The big difference there compared to CFB is that it’s a union and a league negotiating rules together and coming to an agreement instead of a league dictating terms for labor and colluding to (nominally) punish schools that break those rules with no actual input or other options for the players.</p><p></p><p>I think CFB could do that today but they’d have to admit “this is a big-money professional enterprise” and they still aren’t willing to do that. Despite the SC making it pretty clear that if it looks like a duck and quacks like a duck and makes everyone else involved millions of dollars, then you can’t claim “amateurism” as a fig leaf. I generally agree with your take that the Gorsuch decision was less aggressive than what Kavanaugh sounded like he would support and probably was part of a “give them some time to fix it themselves” restraint. Oops…</p><p></p><p>The proposed division split probably doesn’t even help that much - how do you enforce that the lower division doesn’t have big revenue or player compensation without getting into the exact same problem?</p><p></p><p>Edit: you can probably also have a free for all of contracts for players, but the collective bargaining part is how I think you get restrictions and parity-promoting rules across the finish line.</p></blockquote><p></p>
[QUOTE="cpf2001, post: 984798, member: 6459"] You don’t need an antitrust exemption to have a pro league with a collective bargaining agreement, though. There’s some carve outs for TV agreements that I think cover the big 4, but there is no NHL antitrust exemption law that lets them negotiate with the players union that I know of. The big difference there compared to CFB is that it’s a union and a league negotiating rules together and coming to an agreement instead of a league dictating terms for labor and colluding to (nominally) punish schools that break those rules with no actual input or other options for the players. I think CFB could do that today but they’d have to admit “this is a big-money professional enterprise” and they still aren’t willing to do that. Despite the SC making it pretty clear that if it looks like a duck and quacks like a duck and makes everyone else involved millions of dollars, then you can’t claim “amateurism” as a fig leaf. I generally agree with your take that the Gorsuch decision was less aggressive than what Kavanaugh sounded like he would support and probably was part of a “give them some time to fix it themselves” restraint. Oops… The proposed division split probably doesn’t even help that much - how do you enforce that the lower division doesn’t have big revenue or player compensation without getting into the exact same problem? Edit: you can probably also have a free for all of contracts for players, but the collective bargaining part is how I think you get restrictions and parity-promoting rules across the finish line. [/QUOTE]
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Court Blows Up NCAA Transfer Rules
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