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NCAA Antitrust Risk Remains in Wake of $2.8 Billion Settlement

The NCAA’s flurry of litigation is far from over

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AUGUST 1, 2024 | written by STEVE ULRICH

The news that you need to know about non-scholarship college athletics and those that love it.
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TOP STORY
1. NCAA Antitrust Risk Remains in Wake of $2.8 Billion Settlement

by Katie Arcieri, Bloomberg Law

The NCAA’s flurry of litigation is far from over despite a $2.8 billion settlement designed to resolve antitrust claims brought by athletes fighting for pay over their name, image, and likeness.

Athlete plaintiffs late last week filed for preliminary approval of the landmark deal with the NCAA and its Power Five conferences, proposing back pay for hundreds of thousands of athletes in other sports across Division I—including football and basketball players.

But antitrust attorneys say the deal still gives the NCAA the power to restrain athlete compensation, opening the door to future lawsuits from schools, athletes, states’ attorneys general, and other parties to challenge the pay limits outlined in the settlement agreement.”

» Driving The News. “The cap of 22% is “still a cap” that wasn’t collectively bargained with the athletes, said Mit Winter, an attorney with Kennyhertz Perry who heads the firm’s sports law practice. He foresees the possibility of state attorneys general and the Department of Justice bringing future claims against the NCAA. “It’s not going to resolve all their legal issues going forward - not by a long shot,” Winter said of the settlement.”

» Between The Lines. “Athletes still in high school could bring new cases challenging the deal, Winter said. Without a labor union or collective bargaining unit in place, athletes are still at the mercy of the NCAA’s rules for compensation, he said.”

» What They’re Saying. “The cap on compensation will by definition create incentives for members of that pool to be jockeying to maximize their position in the pool,” said Diana L. Moss, vice president and director of competition policy for the Progressive Policy Institute. “We’re looking at a wholesale redesign of the system of college sports in the United States.”

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CONFERENCES

2. Men’s Soccer Champions 2018-23

As we close in on the start of the men’s soccer season, let’s take a look back at the conference champions over the last six seasons from 2018-23.

AMCC. Mount Aloysius (2), Penn State Behrend (2), Alfred State; AEC. Neumann (2), Cabrini, Immaculata, Marymount; A-R-C. Luther (3), Loras, Wartburg; ASC. Mary Hardin-Baylor (2), Texas-Dallas (2), Concordia, Ozarks. CCIW. North Central (2), Carthage, Illinois Wesleyan, North Park. C2C. Mary Washington (4), Christopher Newport. Centennial. Johns Hopkins (2), Haverford, Muhlenberg, Washington College. CUNYAC. Baruch (3), John Jay, Lehman. CCS. Covenant (2). CCC. Gordon (2), Roger Williams, Salve Regina, Western New England. E8. Nazareth (2), Elmira, Medaille, St. John Fisher, Stevens. GNAC. Johnson & Wales (2), Saint Joseph’s CT (2), Saint Joseph CT. HCAC. Rose-Hulman (3), Hanover (2), Transylvania. LAND. Catholic (3), Elizabethtown, Scranton. LL. St. Lawrence (3), Hobart (2). LEC. Western Connecticut (2), Eastern Connecticut, Keene State, UMass Boston. MASCAC. Bridgewater (2), Framingham, Salem, Worcester. MIAA. Calvin (4), Hope, Trine. MACC. Messiah (5). MAC Freedom. Stevens (3), Eastern (2). MWC. Knox (2), Lake Forest (2), St. Norbert. MIAC. Gustavus Adolphus (3), St. Olaf (2), St. Thomas. NESCAC. Amherst (2), Tufts (2), Colby. NEWMAC. Babson (3), Springfield, WPI. NJAC. Montclair (3), Kean, Ramapo, Rowan. NAC. SUNY Poly (2), Thomas (2), Husson. NCAC. Kenyon (2), Denison (2), Ohio Wesleyan. NACC. Dominican (4), Aurora. NWC. Pacific Lutheran (4), Whitman, Willamette. OAC. John Carroll (5). ODAC. Lynchburg (3), Washington and Lee (3). PAC. Washington & Jefferson (2), Bethany, Franciscan, Geneva, Westminster. SAA. Centre (3), Berry, Birmingham-Southern, Oglethorpe. SCAC. St. Thomas (3), Centenary, Texas Lutheran, Trinity. SCIAC. Chapman (2), Claremont-M-S, Occidental, Redlands. SKY. Mount Saint Vincent (2), Manhattanville, Maritime, Merchant Marine, Mount Saint Mary. SLIAC. Greenville (2), Webster (2), Principia. SUNYAC. Cortland (2), Oneonta (2), Brockport. UAA. Chicago (3), Emory, Washington. UMAC. Wisconsin-Superior (6), Bethany Lutheran. UEC. Penn State Harrisburg (3), Penn State Abington. St. Mary’s. USA South. Brevard (2), Covenant, Maryville, North Carolina Wesleyan.

NEWS

3. Lightning Round ⚡️ 

🗞️ News. The NCAA DIII Membership Committee reviewed a consortium request from Otterbein and Antioch-Yellow Springs and noted that all criteria have been met. The committee also received an update on the merger of Findlay (DII) and Bluffton (DIII).

🗞️ News. The Southern Collegiate Athletic Conference has formally announced the addition of the Asbury (Ky.) University as an affiliate member in the sports of men’s and women’s swimming and diving effective the 2025-26 academic year. 

🗞️ News. U.S. not-for-profit private colleges and universities faced ongoing demand pressure in fiscal 2023, with a median enrollment decline of 0.8%, while median operating margins became negative for the first time in at least 10 years according to an S&P Global report.

TRANSACTIONS
4. Comings and Goings

1 THING

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