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ARTICLE · 28 JULY 2014

Case to Watch: O’Bannon v. NCAA

On June 27, the trial in O’Bannon v. NCAA concluded following 15 days of testimony.

United StatesAntitrust/Competition Law

On June 27, the trial in O'Bannon v. NCAA concluded following 15 days of testimony. Plaintiffs in this case, former college athletes, including former UCLA basketball player Ed O'Bannon, originally filed in the Northern District of California in 2009.  They have challenged the NCAA's longstanding ban on paying licensing fees to college athletes for the use of their names and images in commercial outlets like broadcasts, merchandise, and video games, asserting that this policy constitutes an anti-competitive restraint of trade devoid of any pro-competitive benefits.

Trial in O'Bannon concluded with many significant issues left up in the air. Judge Claudia Wilken expressed uncertainty, for example, as to the relevant market in this case. The plaintiffs have defined the relevant markets as the "higher education services market," in which colleges and universities compete to recruit the best student-athletes, and the "collegiate licensing market," in which parties

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