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ARTICLE · 20 NOVEMBER 2023

More Money, More Antitrust Concerns

Big-time college sports are all about the money. Money for the schools, Money for the athletic programs, money for specific sports, money for the coaches and now with NIL programs

United StatesAntitrust/Competition Law

Big-time college sports are all about the money. Money for the schools, Money for the athletic programs, money for specific sports, money for the coaches and now with NIL programs, money for the college athletes. More often, however, these programs are being challenged and being challenged on antitrust grounds.

Careful lawyers and plaintiffs are examining existing antitrust laws to go after these arrangements. Absent new federal regulation or collective action, or even voluntary collective guidelines, antitrust law may be the key front for policing college athletics and college money.

This article and the arguments advanced by a University of Michigan Law School professor show that perhaps another avenue for policing college athletics is use of antitrust laws. Crane argued that the NCAA bylaw enforced against Harbaugh violates antitrust law. He in essence argues it violates an economic rule as opposed to a rule of the game, implicating antitrust law. He converts

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