Pending antitrust cases. In Jenkins v. NCAA, a group of current and former Division I basketball and

Pending antitrust cases. In Jenkins v. NCAA, a group of
current and former Division I basketball and FBS football players allege the
NCAA, Pacific 12 Conference, Big Ten Conference, Big Twelve Conference,
Southeastern Conference, and Atlantic Coast Conference “earn billions of
dollars in revenues each year through the hard work, sweat, and sometimes
broken bodies of top-tier college football and men’s basketball athletes who
perform services for Defendants’ member institutions in the big business of
college sports. However, instead of allowing their member institutions to
compete for the services of those players while operating their businesses,
Defendants have entered into what amounts to cartel agreements with the avowed
purpose and effect of placing a ceiling on the compensation that may be paid to
these athletes for their services. Those restrictions are pernicious, a blatant
violation of the antitrust laws, have no legitimate pro-competitive
justification, and should now be struck down and enjoined.” They assert this is
“a patently unlawful price-fixing and group boycott arrangement” causing them
to receive “less remuneration for their playing services than they would
receive in a competitive market,” which should be enjoined so that the free
market can determine the economic value and components of athletic scholarships
for Division I basketball and FBS football players. Considering Board of
Regents and O’Bannon, do the antitrust laws prohibit NCAA universities from
agreeing to any limits on the amount of economic compensation intercollegiate
athletes may receive?

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