the BigAmateurism monologues

A series of events over the last 18 months—some unforeseeable—have created a perfect storm that will change college sports forever. The NCAA's bait an…
Mar 27th, 2021 | 1:02:05

9. Anatomy of the NCAA's Quest for Absolute Antitrust Immunity in Alston and in Congress

In this episode, we break down how the NCAA and Power 5 have pursued a sophisticated dual strategy in Congress (primarily the Senate) and in Alston to eliminate federal courts as external regulators in college sports. The NCAA has sought antitrust immunity in the Senate through a stealth lobbying campaign that is disguised through the NCAA's professed intention to seek name, image, and likeness "compensation" for athletes. The proposed bills the NCAA and its Senate allies put forth in 2020 have less to do with NIL compensation than with the acquisition of extraordinary federal protections and immunities that, if granted, would make the NCAA untouchable as the Iron Throne regulator of college sports. In the O'Bannon and Alston antitrust cases, the NCAA and Power 5 have sought the same immunity–explicitly in O'Bannon and disingenuously in Alston. Will the US Supreme Court see the NCAA's power grab in Alston for what it is?