Virginia Attorney General Jason Miyares, alongside Tennessee Attorney General Jonathan Skrmetti, filed an antitrust lawsuit against the National Collegiate Athletic Association (NCAA).
The lawsuit claims that the NCAA’s restrictions on the ability of current and future student-athletes to negotiate and benefit from their Name, Image, and Likeness rights (NIL) violate federal antitrust law, and are harmful to current and future student-athletes.
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“Student-athletes generate massive revenues for the NCAA, its members, and corporations within the college sports industry, especially in football and basketball,” said Attorney General Miyares. “Student-athletes should have more freedom over negotiating and earning money for their skills and ability. Colleges and universities benefit dramatically from the success of their student-athletes - it’s only fair that student-athletes also get the full picture of how they may benefit from their choice of school as well.”
Miyares said that contrary to the state laws and the Sherman Act that work to benefit student-athletes, the NCAA has adopted a set of rules and guidelines that prevent student-athletes from being able to get fair compensation for their NIL.
The NCAA currently prohibits prospective student-athletes from discussing possible NIL opportunities prior to enrolling.
According to the Virginia Attorney General’s Office, prospective student-athletes are:
- prevented from negotiating with collectives;
- unable to review NIL offers prior to making enrollment decisions; and
- cannot adequately consider the full scope of NIL-related services a school might offer upon enrollment.
You can read the full lawsuit below.
NCAA NIL Complaint by WSLS on Scribd