NCAA v Alston Question and answers already passed NCAA v Alston, College Sports, The History of the NCAA Part I, Sports Law 10-12, NCAA Governance
What court decided this case? - correct answer The US Supreme Court, decided on June 21st 2021
What judge wrote this decision? - correct answer...
NCAA v Alston, College Sports, The History of the NCAA Part I, Sports Law 10-12, NCAA Governance
What court decided this case? - correct answer ✔The US Supreme Court, decided on June 21st 2021
What judge wrote this decision? - correct answer ✔Justice Gorsuch 9-0 unanimous decision
Who are the original plaintiffs? - correct answer ✔Initially, the plaintiffs were Alston, a former RB at WVU, as well as other former collegiate athletes. In the
Supreme Court Case, the NCAA were the petitioners as they were the ones who brought the case
Why did they sue? - correct answer ✔Alston sued the NCAA (and 11 Div 1 conferences) alleging they were violating Section 1 of the Sherman Act which prohibits contracts, combinations, and conspiracies in restraint of trade or commerce
-Challenged the NCAA's many rules that restricted compensation for athletes -Stated that the NCAA limits on compensation affected interstate commerce
Who are the original defendants? - correct answer ✔Initially, the defendants were the NCAA as well as 11 other Div 1 conferences. In the Supreme Court case however, the NCAA brought the case, making them the petitioner and Alston the respondent How are they defending this case? - correct answer ✔They argued that in order to protect student athletes and the idea of amateurism, the rules are necessary and therefore not unreasonably restraining trade -Also claimed that they're not violating antitrust law because they're a joint venture who must collaborate together to offer a product as unique as intercollegiate athletics -Gorsuch states that even if NCAA is a joint venture, it has monopoly power within their market and their comopensation limits are subject to the rule of reason analysis
Rule of reason analysis - correct answer ✔Used to determine the legality of agreements that may restrict competition. Courts examine both the negative and positive effects of an agreement before determining if it violates antitrust law -Utilizes a "three-step burden shifting" framework -plaintiff initially has to prove the restraint has a substantial anticompetitive effect -if proved, defendant has to show a procompetitive rationale for the restraint -If proven, the burden shifts back to the plaintiff to demonstrate that the procompetitive efficiencies can be achieved with less restrictive means
Case Facts - correct answer ✔At the district court level, Alston argued that all of the NCAA's limits on compensation were unconstitutional
-Court agreed that limits related to education were in violation of the Sherman Act, but those unrelated to education were left alone due to the inability to blur
the line between professional and amateur -Both sides appealed the district court ruling, Alston to appeal the court leaving non-education limits alone and the NCAA to appeal the ruling that their education related limits were in violation
-Court of appeals affirmed the district court ruling -Then only the NCAA appealed to the Supreme Court, where they again attempted to reverse the ruling that their limits on educational expenses violated section 1
-Alston didn't renew their argument that non-education related expenses were violating section 1, only argued about education related ones
Big Issue at hand - correct answer ✔To what extent do the restrictions in the NCAA's labor market yield benefits in its consumer markets that can be attained using substantially less restrictive means. Basically, arguing whether these restrictions are necessary to maintain these benefits.
Case Precedent - correct answer ✔NCAA v Board of Regents of Univ of Okla
-NCAA limited college football teams to 1 televised game per year bc they feared people wouldn't attend games if they had more
-College football association made an agreement to allow for more games to be televised, then NCAA stated they would take disciplinary action against any school that did.
-Antitrust case was taken stating this violated sherman act, Oklahoma won
-However, NCAA uses this case to argue that they're antitrust exempt because of language used in the case stating their rules are in line with the Sherman act
What was the outcome? - correct answer ✔The district courts ruling that the NCAA's limits on education related expenses were unconstitutional was affirmed by the Supreme Court
Justice Kavanaugh's Concurring Opinion - correct answer ✔Kavanaugh agreed with the ruling but wanted to take it a step further -Argues that all of the NCAA's limits on compensation violated Section 1
Argues for 3 reasons: -The court doesn't address the legality of the NCAA's remaining compensation
rules -While the Supreme Court doesn't weigh in on the legality of these rules, the court's decision establishes how any such rules should be analyzed going forward (subject to rule of reason analysis)
-There are serious questions whether these remaining limits on compensation
can pass a rule of reason scrutiny test
A MONOPSONY CANNOT LAUNDER ITS PRICE FIXING OF LABOR BY CALLING IT PRODUCT DEFINITION
College Sports
Why NCAA was made? - correct answer ✔President Roosevelt was concerned over 18 deaths in college due to the lack of rules.
What happened in 1940-50s - correct answer ✔Even with ratification of a new NCAA constitution that provided for a mechanism to punish institutions that violated rules, colleges blatantly violated rules on recruiting and subsidies; the "sanity code" was adopted in 1948.
What is the "sanity code"? - correct answer ✔Permitted the extensions of scholarships and jobs to athletes, but the grants or jobs had to be awarded solely on the basis of the athlete's demonstrated financial need.
What happened in 1951? - correct answer ✔New York District Attorney revealed that 32 players from 7 colleges, including players from the strongest teams in the nation, had been involved in fixing point spreads.
What happened in 1952? - correct answer ✔NCAA repealed the sanity code and decided to permit the awards of full scholarships based on athletic ability.
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