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DEVELOPING: Judge Rules NCAA's Athlete Pay Ban Violates Antitrust Law
Plaintiff Edward C. O'Bannon, Jr. alleged that Defendants National Collegiate Athletic Association (NCAA) and Collegiate Licensing Company had committed per se violations of the federal antitrust laws by engaging in a price-fixing conspiracy and a group boycott/refusal to deal that has unlawfully foreclosed class members from receiving compensation in connection with the commercial exploitation of their images following their cessation of intercollegiate athletic competition.
College sports generate a tremendous amount of interest, as
well as revenue and controversy. Interested parties have strong
and conflicting opinions about the best policies to apply in
regulating these sports. Before the Court in this case is only
whether the NCAA violates antitrust law by agreeing with its
member schools to restrain their ability to compensate Division I
men’s basketball and FBS football players any more than the
current association rules allow. For the reasons set forth above,
the Court finds that this restraint does violate antitrust law. Download full opinion by scrolling to attachment.
The NCAA will likely appeal this decision. Their attorney issued the following statement:
“We disagree with the Court's decision that NCAA rules violate antitrust laws. We note that the Court's decision sets limits on compensation, but are reviewing the full decision and will provide further comment later. As evidenced by yesterday’s Board of Directors action, the NCAA is committed to fully supporting student-athletes.”
– NCAA Chief Legal Officer Donald Remy
|Plaintiff:||Edward C. O'Bannon, Jr.|
|Defendant:||National Collegiate Athletic Association and Collegiate Licensing Company|
|Filed:||July 21, 2009|
|Court:||California Northern District Court|
|County:||XX US, Outside State|
|Presiding Judge:||Claudia Wilken|
|Nature of Suit:||Anti-Trust|
|Cause of Action:||15:1 Antitrust Litigation|
|Jury Demanded By:||Plaintiff|
Docket ReportWe have record of the following docket entries for this case
|Date Filed||#||Document Text|
|August 8, 2014||293||CLERK'S JUDGMENT in favor of Alex Gilbert, Bob Tallent, Chase Garnham, Damien Rhodes, Danny Wimprine, Darius Robinson, David Lattin, Edward C. O'Bannon, Jr., Eric Riley, Harry Fluornoy, Jake Fischer, Jake Smith, Moses Alipate, Oscar P. Robertson, Patrick Maynor, Ray Ellis, Samuel Jacobson, Thad Jaracz, Tyrone Prothro, Victor Keise, William F. Russell against Collegiate Licensing Company, Electronic Arts Inc., National Collegiate Athletic Association (ndr, COURT STAFF) (Filed on 8/8/2014)|
|August 8, 2014||292||PERMANENT INJUNCTION. Signed by Judge Claudia Wilken on 8/8/2014. (ndr, COURT STAFF) (Filed on 8/8/2014)|
|August 8, 2014||291||FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Claudia Wilken on 8/8/2014. (ndr, COURT STAFF) (Filed on 8/8/2014)|
|July 24, 2014||289||Minute Entry: Motion Hearing held on 7/24/2014 before Claudia Wilken (Date Filed: 7/24/2014). (Court Reporter Raynee Mercado.) (ndr, COURT STAFF) (Date Filed: 7/24/2014)|
- READ THE RULING (255.37 KB)