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Thursday, March 20, 2014
Alan Milstein on lawsuit filed by Jeffrey Kessler against NCAA own Alan Milstein has some terrific insight on the new NCAA lawsuit in this article by Erin McClaim for NBC News, including raising the issue of whether high school players may hire agents if they can negotiate compensation with colleges.

Here is an excerpt:

Milstein said he believes this case goes several steps beyond the other NCAA lawsuits — and probably a step too far.

He stressed that he is a strong critic of the NCAA, which he described as a “walking, talking antitrust violation,” and supports a system under which college athletes would be paid an hourly wage, just as students working the concession stand are.

They could even be allowed to negotiate their own shoe endorsements, he said, but the suit filed this week would lead to universities’ gambling huge sums of money on high school stars with agents, he said.

“I don’t think anybody wants college athletics to become pro athletics,” he said. “This essentially says the schools are going to compete and pay the highest bidder for the star athletes. I think we’re a long way from that ever becoming an eventuality.”

To read the rest, click here.


I'm a bit surprised that this blog wouldn't have a bit of legal discussion about the merits of the case. When the NCAA tried to cap compensation to coaches they lost in a summary judgment as it was an obvious violation of the Sherman Act. It sure seems to me that the NCAA artificially capping student compensation would also be a violation of the Sherman Act. There is obviously a market for these players that is being eliminated due to the price fixing by these schools.

Anonymous Anonymous -- 3/26/2014 10:55 AM  

Nice post. The NCAA has its hands full with lawsuits and it will be interesting how everything plays out.

Anonymous Chicago Litigation Attorneys -- 3/26/2014 11:49 AM  

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