Document Type

Article

Publication Date

3-1-2017

Publication Title

Antitrust Bulletin

Abstract

College sports has been undergoing rapid commercialization and reorganization. This transformation has led to sharpening inequality among schools within and between divisions, unstable and unsustainable economics, and burgeoning legal challenges. It is not an exaggeration to state that intercollegiate athletics is at an economic and legal tipping point. This article first discusses the economic issues confronting college sports. It then turns to consider the plethora of litigation facing the National Collegiate Athletic Association (NCAA) and argues that antitrust and labor laws are inadequate means to respond effectively to the economic and legal challenges surrounding college sports. Finally, the article makes the case for a limited and conditional antitrust exemption for the NCAA that would promote the primacy of academics and the fair treatment of athletes.

Keywords

Antitrust exemption, College athletic department operating deficits, Intercollegiate academic and fairness reforms, Intercollegiate health and safety, O’Bannon, Rule of reason

Volume

62

Issue

1

First Page

31

Last Page

61

DOI

10.1177/0003603X16688829

ISSN

0003603X

Rights

© The Author(s) 2017

Comments

Archived as published. Open access paper.

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