by thestoicattack on 6/21/21, 4:08 PM with 100 comments
by fiftyfifty on 6/21/21, 5:45 PM
by wyldfire on 6/21/21, 5:16 PM
> Essentially, this is a classic violation of antitrust law. What the NCAA is arguing, however, is that it should be allowed an exemption to that law. The Court wasn’t willing to play ball on that one.
> Justice Gorsuch made short work of the argument that the NCAA is entitled to an exemption on the grounds that it is a “joint venture.” Reasoning that “student-athletes have nowhere else to sell their labor,” the justice wrote, “[e]ven if the NCAA is a joint venture, then, it is hardly of the sort that would warrant quick-look approval for all its myriad rules and restrictions.”
[1] https://lawandcrime.com/supreme-court/unanimous-supreme-cour...
by Scaevolus on 6/21/21, 5:03 PM
Note that this is a narrow ruling about the NCAA limiting educational compensation and what scholarships can encompass-- but some justices gave indications that they disagree with the NCAA compensation restrictions at large.
by RcouF1uZ4gsC on 6/21/21, 5:11 PM
> In my view, that argument is circular and unpersuasive. The NCAA couches its arguments for not paying student athletes in innocuous labels. But the labels cannot disguise the reality: The NCAA’s business model would be flatly il- legal in almost any other industry in America. All of the restaurants in a region cannot come together to cut cooks’ wages on the theory that “customers prefer” to eat food from low-paid cooks. Law firms cannot conspire to cabin lawyers’ salaries in the name of providing legal services out of a “love of the law.” Hospitals cannot agree to cap nurses’ income in order to create a “purer” form of helping the sick. News organizations cannot join forces to curtail pay to reporters to preserve a “tradition” of public-minded journalism. Movie studios cannot collude to slash benefits to camera crews to kindle a “spirit of amateurism” in Hollywood. Price-fixing labor is price-fixing labor. And price-fixing labor is ordinarily a textbook antitrust problem because it extinguishes the free market in which individuals can oth- erwise obtain fair compensation for their work.
by jalgos_eminator on 6/21/21, 7:38 PM
I like to do these every once in a while because there is so much incorrect information and bad assumptions about high level college athletes that I feel the need to combat this when the opportunity presents itself. I haven't read the posted SC opinion yet because I'm at work and currently eating a burrito. Don't be afraid to ask probing questions, the worst that will happen is I will choose not to answer.
by topspin on 6/21/21, 5:42 PM
Does this mean players can just do the straightforward thing and negotiate lucrative contracts with schools and we can forego all the backdoor, indirect compensation and self-inflicted corruption that goes on now? If so then these institutions can just be what they are in a straightforward way; football teams that also happen to fund a legacy educational branch.
by sib on 6/21/21, 6:17 PM
by RNCTech on 6/21/21, 6:30 PM
by creyes on 6/21/21, 7:16 PM
> The NCAA does not contest that its re-straints affect interstate trade and commerce and are thus subject to the Sherman Act.
> With this much agreed it is unclear exactly what the NCAA seeks. To the extent it means to propose a sort of judicially ordained immunity from the terms of the Sherman Act for its restraints of trade—that we should overlook its restrictions because they happen to fall at the intersection of higher education, sports, and money—we cannot agree.