Breaking NewsLaw.com and associated brands will be offline for scheduled maintenance Saturday May 8 3 AM US EST to 12 PM EST. We apologize for the inconvenience.

 
X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Carl W. Hittinger, left, and Julian Perlman, right, with Baker Hostetler.  Courtesy photos Carl W. Hittinger, left, and Julian Perlman, right, with Baker Hostetler. Courtesy photos

On March 31, the U.S. Supreme Court heard oral argument in NCAA v. Alston, No. 20-512 (S.Ct. Dec. 16, 2020). In this article, we discuss the arguments made by counsel for the National Collegiate Athletic Association (NCAA), and questions posed by the justices; in a future article, we will do the same for the players’ arguments, leading up to our coverage of the court’s decision, likely this summer.

Previously in this case, the court granted certiorari and agreed to review two U.S. Court of Appeals for the Ninth Circuit decisions that had affirmed the district court’s judgment that the NCAA’s and several collegiate athletic conferences’ rules regarding compensation paid to college athletes violated Section 1 of the Sherman Act. The Ninth Circuit agreed with the district court’s judgment, applying the rule of reason following a bench trial, holding that there were procompetitive justifications for those rules that prohibited unlimited cash payments unrelated to education, but that there were no such procompetitive justifications for rules limiting education-related compensation and prohibiting such limits. The NCAA sought to reverse, whereas the players did not challenge the Ninth Circuit’s affirmance, which kept in place certain limits unrelated to education.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Law Firms Mentioned

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.