The US Supreme Court prohibits a sports professional association from imposing conditions on its members as it violates antitrust law (NCAA / Alston)

Some “Twinkling of the Eye” Thoughts on NCAA v. Alston* The Supreme Court’s decision in Nat’l Collegiate Athletic Ass’n v. Alston, Nos. 20-512 and 20-520, 2021 WL 2519036, (U.S. June 21, 2021) is a boost for the Antitrust Division’s commitment to prosecute what it calls naked “wage fixing” and “no poach” agreements. In the prosecutions it has brought to date (still in the early stages) defendants have argued that the rule of reason, not the per se rule, should apply, because the courts do not have sufficient experience with wage fixing and/or no poach to put them in the class of per se violations. One of the cases being litigated is United States v. Jindal, Case 4:20-cr-00358 (E.D. Tx). In a recent brief opposing the defendant’s motion to dismiss the indictment, the government recounts the

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Robert E. Connolly, The US Supreme Court prohibits a sports professional association from imposing conditions on its members as it violates antitrust law (NCAA / Alston), 21 June 2021, e-Competitions June 2021, Art. N° 101328

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