On June 21, 2021, the United States Supreme Court in NCAA v. Alston rejected the NCAA’s argument that its system of “amateurism” should receive blanket protection under the antitrust laws.
But while Alston marks a historic moment and a turning point, this is only the beginning. This case represents an opportunity for the NCAA and its conferences to lead by enacting rules that support student athletes’ promised academic benefits, and protect their ability to share in the profits generated by their labor. The analysis includes the NCAA's recent vote to suspend rules prohibiting students from profiting from their name, image, and likeness.
Increased compensation benefits for athletes are broadly supported by Justice Kavanaugh in his concurrence—stating, “the NCAA’s business model would be flatly illegal in almost any other industry in America.” Justice Kavanaugh also alluded to racial implications of the NCAA’s system, stating, “But the student-athletes who generate the revenues, many of whom are African American and from lower-income backgrounds, end up with little or nothing.”
Braeden Anderson and Sidley's executive committee chair Mike Schmidtberger share additional insights in their recent article.
12:00 p.m. – 12:05 p.m. ET
Welcome Remarks by Barry Rashkover, Sidley Partner and Leader of Securities Enforcement and Regulatory Practice
12:05 p.m. – 1:00 p.m. ET
Panel Moderated by Glen A. Rae, Bank of America Deputy General Counsel/Global Markets and International
1:00 p.m. – 1:20 p.m. ET
1:20 p.m. – 1:30 p.m. ET
Closing Remarks by Braeden Anderson, Sidley Associate in the Securities Enforcement and Regulatory Practice
ESPN Analyst and Moore & Van Allen, PLLC Attorney
Former Volleyball Player for Virginia Tech and Current Brand Consultant at Elevate Sports Ventures
Patrick A. Bradford
Partner at Bradford Edwards & Varlack LLP, focusing on Antitrust Law
Glen A. Rae
Bank of America Deputy General Counsel/Global Markets and International
National Football League Attorney
K. Braeden Anderson
Former NCAA Athlete and Current Associate within Sidley’s Securities Enforcement and Regulatory Practice
Partner at Stris & Maher LLP, focusing on Appellate and Supreme Court Litigation
Sidley Partner and Leader of Securities Enforcement and Regulatory Practice