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CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW - USA - ANTITRUST - FINANCIAL AID - SPORTS

USA: The Supreme Court hears arguments in the case involving a challenge to the NCAA’s regulations that restrict the amount of financial aid that colleges may provide to athletes (N.C.A.A. / Alston)

The NCAA in the Supreme Court—Analytic confusion resulting in inexplicable results

The Supreme Court recently heard arguments in NCAA v. Alston. The case involves a challenge to the NCAA’s regulations that restrict the amount of financial aid that colleges may provide to athletes. The lower courts rejected the NCAA’s arguments for its right to impose its regulations and substituted their own rule governing the limits of financial aid. The case is framed around the “rule of reason.” This is a fundamental error of analysis. The NCAA is either a cartel or lawful regulatory agency. It is not a legitimate joint business venture producing a good or service to which some restraints on the participants’ freedom to compete are reasonably ancillary. The NCAA came into existence for college football to provide rules to improve the safety of players and to harmonize the rules of

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Peter Carstensen, USA: The Supreme Court hears arguments in the case involving a challenge to the NCAA’s regulations that restrict the amount of financial aid that colleges may provide to athletes (N.C.A.A. / Alston), 31 March 2021, Concurrences March 2021, Art. N° 100469, pp. 227-231

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