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ARTICLE · 10 APRIL 2016

Court Denies Class Cert. In NCAA Antitrust Suit

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association's former ban on multiyear scholarships...

United StatesAntitrust/Competition Law

The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association's former ban on multiyear scholarships (the "One Year Rule") and its cap on scholarships (the "GIA Cap"). Plaintiff had alleged that those rules constituted a concerted effort by the NCAA and its member schools to thwart competition. This decision from the United States Southern District of Indiana in John Rock v. NCAA, Case No. 1:12-cv-01019, may, as a practical matter, end this particular case. Perhaps anticipating this outcome, Rock's counsel has already brought other players onto the playing field in similar suits filed against the NCAA, including Deppe v. NCAA, Case No. 1:16-cv-00528 (S.D. Ind.), filed in early March. With respect to the Core Issue class Rock sought, the district court found a lack of ascertainability to reject the class. With respect to the injunction, the court found that all the class certification elements had been met,

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