Senators Oppose Antitrust Exemption for NCAA, Cite Exploitation of College Athletes

United States Senators Chris Murphy, Richard Blumenthal, Bernie Sanders, and Cory Booker have written to the U.S. Senate Committee on Commerce, Science, and Transportation in opposition to the SCORE Act, a bill that would grant the National Collegiate Athletic Association (NCAA) broad antitrust immunity. The senators argue that this exemption would allow the NCAA to continue its exploitative practices against college athletes, who have made significant progress in recent years in gaining fair compensation and benefits.

The SCORE Act has been criticized for its misguided proposals, including the broad antitrust exemption for the NCAA, which would grant it immunity from litigation and allow it to coordinate compensation limits, restrict athlete mobility, and shield itself from future legal challenges. The senators stress that this exemption would enable the NCAA to continue unchecked its exploitative practices and take away an important mechanism for college athletes to hold the NCAA and its members accountable.

The senators also cite the Supreme Court's unanimous ruling in NCAA v. Alston, which held that the NCAA and its members are not entitled to blanket antitrust immunity. They argue that passing the SCORE Act would undermine this ruling and inject more uncertainty into the college athletics landscape.

In their letter, the senators reaffirm their commitment to reforming the college athletics ecosystem to benefit college athletes, but stress that such reform cannot include broad antitrust immunity for the NCAA. They point to their own legislation, the College Athlete Right to Organize Act (CARO) and the College Athlete Economic Freedom Act, which aim to codify the right of college athletes to unionize and collectively bargain for fair compensation and better working conditions.

Key Takeaways:

• The SCORE Act proposes a broad antitrust exemption for the NCAA, which would grant it immunity from litigation and allow it to coordinate compensation limits, restrict athlete mobility, and shield itself from future legal challenges
• The exemption would enable the NCAA to continue its exploitative practices against college athletes, who have made significant progress in recent years in gaining fair compensation and benefits
• The senators argue that this exemption would undermine the Supreme Court's unanimous ruling in NCAA v. Alston, which held that the NCAA and its members are not entitled to blanket antitrust immunity
• The senators have reintroduced the College Athlete Right to Organize Act (CARO) and the College Athlete Economic Freedom Act to codify the right of college athletes to unionize and collectively bargain for fair compensation and better working conditions
• The senators stress that reforming the college athletics ecosystem to benefit college athletes must not include broad antitrust immunity for the NCAA.

Statistics:

• The Supreme Court unanimously ruled in NCAA v. Alston in 2021 that the NCAA and its members are not entitled to blanket antitrust immunity (Source: National Collegiate Athletic Association v. Alston, 593 U.S. ___ (2021))
• The NCAA has been criticized for its repressive rules that harm athletes, and has lost in court on several occasions due to these rules (Source: Senators' letter to the U.S. Senate Committee on Commerce, Science, and Transportation)
• The SCORE Act would grant the NCAA antitrust immunity and shield it from litigation, which has served as the primary mechanism through which athletes can assert their rights and highlight illegal behavior by the NCAA (Source: Senators' letter to the U.S. Senate Committee on Commerce, Science, and Transportation)
• The NCAA has a long and well-documented history of exploiting college athletes, and has been the subject of several high-profile lawsuits and court cases (Source: Senators' letter to the U.S. Senate Committee on Commerce, Science, and Transportation)

Sources:

• Senators' letter to the U.S. Senate Committee on Commerce, Science, and Transportation
• National Collegiate Athletic Association v. Alston, 593 U.S. ___ (2021)