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ARTICLE · 20 NOVEMBER 2014

NCAA Appeals Ruling On Compensation For Student-Athletes

Further, the association claimed that its rules do not involve a commercial activity, so the Sherman Act should not apply.

United StatesAntitrust/Competition Law

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California's August decision that the NCAA's rules banning student-athletes for being compensated for the use of their names, images and likenesses violated antitrust laws.  O'Bannon v. National Collegiate Athletic Association, et al., case number 14-16601.  The NCAA argued that these rules do not violate the Sherman Act because of the Supreme Court's decision in NCAA v. Board of Regents of the University of Oklahoma, 468 U.S. 85 (1984).  In that case, the Supreme Court determined that rules aimed at protecting the amateurism of college athletes, such as bans on paying students to play, were not prohibited by the antitrust laws.  The NCAA contended that rules banning compensation for student-athletes' likenesses are the same as the prohibitions on being paid to play, and therefore, should be

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