OCTOBER 15, 2024 | written by STEVE ULRICH

News and notes on the largest and best Division in the NCAA. #whyD3
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🏛️ NCAA’s Court Victory No Safeguard Against Future Losses
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TOP STORY
1. NCAA’s Court Victory No Safeguard Against Future Losses

by Michael McCann, Sportico

“The NCAA and its member schools and conferences have agreed to pay billions of dollars to resolve antitrust lawsuits in hopes that doing so will bring order to college sports.

There’s a big problem with that calculus: Legal challenges over college athletes’ rights aren’t going away, and market forces, left unrestrained by the collapse of amateurism, will increasingly amass control and spawn their own courtroom battles.”

» Court Awareness. “But even in a best-case scenario for the NCAA, the settlement only settles the three cases. A settlement is not a court ruling that sets precedent. It doesn’t reshape an industry and, in fact, can get rejected for trying to do so. A settlement is a contractual agreement that governs its parties but not those outside the contractual relationship. Individuals who aren’t class members, including athlete plaintiffs in Fontenot v. NCAA and Cornelio v. NCAA as well as future college athletes, can continue antitrust litigations or bring new ones. The only way for the NCAA to avert antitrust lawsuits would be to collectively bargain terms of employment with an athlete union, but the NCAA opposes athletes gaining recognition as employees, and only employees can form unions.”

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