TN V. NCAA – Athletes And Antitrust Laws

The NCAA is facing yet another antitrust suit, this time brought by the states of Tennessee and Virginia. The plaintiffs allege that the NCAA's rules limiting the NIL opportunities available to prospective athletes violate federal antitrust laws.

Why Did Tennessee And Virginia Sue The NCAA?

Until 2021, the NCAA prohibited student athletes from profiting from the use of their name, image, and likeness (NIL). After the United States Supreme Court ruled in Alston v. NCAA that the NCAA may not prohibit schools from paying for students' academic-related expenses, the NCAA issued an interim NIL policy allowing schools to create their own NIL rules.

In response to confusion about how the policy applies to prospective student-athletes, the NCAA provided its member institutions with additional guidance on its rules. The NCAA clarified that the same types of NIL opportunities available to current-student athletes are available to prospective student athletes, including