A federal judge finds the NCAA’s limits on athlete pay restrain trade, and the NCAA says it will appeal

On August 8, 2014, Judge Wilken ruled that the NCAA’s rules unreasonably restrain trade. The NCAA said in the days after that it would appeal.

Mark Emmert, NCAA president

No one on our legal team or the college conferences’ legal teams think this is a violation of antitrust laws and we need to get that settled in the courts.

FOX Sports, Aug 10, 2014

Associated Press, via FOX Sports; Emmert spoke on ABC’s This Week

The ruling

That the NCAA will be allowed to cap the amount of compensation an athlete can be awarded, as long as the cap is set at or above the cost of attendance.

UPI, Aug 8, 2014

Wire, via UPI; credited on the page to SportsNetwork.com

What the court and each side said

The athletes’ (plaintiffs’) side

Ed O’Bannon, Lead plaintiff

This is a game-changer for college athletes, both current and former.

Las Vegas Sun, Aug 8, 2014

The NCAA’s side

Donald Remy, NCAA chief legal officer

We disagree with the Court’s decision that NCAA rules violate antitrust laws ... We note that the Court’s decision sets limits on compensation, but are reviewing the full decision and will provide further comment later.

NCAA.com, Aug 8, 2014

Statement published by the NCAA; on its own site, where the article notes it includes information from The Associated Press

We remain confident that the NCAA has not violated the antitrust laws and intend to appeal …

NCAA.com, Aug 10, 2014

Statement published by the NCAA; on its own site, where the article notes it includes information from The Associated Press

The court (order or injunction)

Judge Claudia Wilken, U.S. District Judge, Northern District of California

… the Court finds that the challenged NCAA rules unreasonably restrain trade in the market for certain educational and athletic opportunities offered by NCAA Division I schools. The procompetitive justifications that the NCAA offers do not justify this restraint and could be achieved through less restrictive means.

U.S. District Court, N.D. Cal., Aug 8, 2014

Order, via govinfo.gov (U.S. Government Publishing Office)

Prohibit deferred compensation in an amount of $5,000 per year or less (in 2014 dollars) for the licensing or use of prospective, current, or former Division I men’s basketball and Football Bowl Subdivision football players’ names, images, and likenesses through a trust fund payable upon expiration of athletic eligibility or graduation, whichever comes first …

U.S. District Court, N.D. Cal., Aug 8, 2014

Order, via govinfo.gov (U.S. Government Publishing Office)

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