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85 Tul. L. Rev. 543 (2010-2011)

handle is hein.journals/tulr85 and id is 547 raw text is: The Downside of Success: How Increased Commercialism Could Cost the NCAA Its Biggest Antitrust Defense Jeffrey J.R. Sundrarn* This Comment examines how the evolution of the NCAA, from an organizadon designed to promote fair competition andintegate itercollegiate sport into higher education, to a tax-exempt entity with annual revenues of over $500 millon, could affect its favored antitrust status by the cours. The Comment Iinst discusses how the NCAA has evolved over time. The author then examines how courts struggled to evaluate the ozganizationk antitrut liability given its role in promoting amateurism, and how a Supreme Court loss ultimately helped shield the NCAA fivm antitrust liability in its deahngs with student-athletes by accepting the preservation of amateurism as a pro-competitive benefit With this framework6i mind the Comment examnnes a recently filed antitrust challenge brought by fonner student- athletes with the potential to penetrate the NCAAk defense and the merits of the lawsuith approach. Fally the Article discusses potential less restrictive alternatives the NCAA may choose to implement to avoid this potentially anticompetitive behavior while maintaining amateutism. I. INTRODUCTION. ...................................... 544 II. A BRIEF OVERVIEW OF THE EVOLUTION OF THE NCAA ...........546 111. ANTITRUST AND THE NCAA .............................550 A. Courts Struggle To Evaluate. .....................551 B. The Supreme Court Loss that Helped the NCAA Win................... ................553 IV. THE NEXT GENERATION OF STUDENT-ATHLETE CHALLENGES .......................................557 A. An Overview ofln re NCAA Student-Athlete Name & Likeness Licensing Litigation ..... .....557 B. Threshold Issues of Contracts and Right to Publicity. ...............................558 C Why Amateunsm May No Longer Be a Pro- Competitive Benefit.. .......................561 D. Examination ofPotential Less Restrictive Alternatives .................... .............567 V. CONCLUSION ............................................ 570 * C 2010 Jeffrey J.R. Sundram. J.D. candidate 2011, Tulane University School of Law; B.A. & B.S., University of Maryland at College Park. I would like to thank Professor Feldman for his help and advice. I would also like to thank Clarence Sundram for his always helpful criticism and comments. 543

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