The uncertain future of the NCAA post Alston – Federal v State Legislation v Conference Guidelines
This article provides background on the development of amateurism in college athletics, the constraints imposed by the Alston decision, and potential ramifications for the regulation of financial benefits to college athletes moving forward.
Specifically, this article discusses:
- Antitrust in the Context of College Athletics before NCAA v. Alston
- Summary of The Alston Decision and what it means for NCAA's regulation under anti-trust laws
- Antitrust in College Athletics in a Post-Alston World & Potential Outcomes – federal legislation, state legislation, conference guidelines & more
- Further background reading:
In June 2021, the United States Supreme Court issued a unanimous decision in National Collegiate Athletic Association v. Alston (Alston), analyzing the concept of amateurism in the context of college athletics. More specifically, the Alston Court addressed the financial benefits that could be offered to college athletes in the context of antitrust law in the United States.
Despite the narrow ruling provided in Alston, the guidance provided by the nation’s highest court calls into question the foundations on which college athletics have developed for more than 100 years.
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- Tags: American Football | Athlete Rights | Basketball | Collegiate Sports | Competition Law | Football | Governance | NCAA | NCAA v Alston | Regulation | United States
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Matthew Clark is an associate in the Seattle office of K&L Gates in the environment, land and natural resources practice group. Matt's practice focuses on regulatory compliance, transactions involving energy and infrastructure, environmental permitting, natural resource development, and land use. Matt also maintains a practice in complex commercial disputes, providing strategic pre-litigation and litigation advice to clients. In addition, Matt is a member of K&L Gates' budding sports law practice group.