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

Strategic Insights -

The U.S. Senators Chris Murphy, Richard Blumenthal, Bernie Sanders, and Cory Booker sent a letter to Senator Ted Cruz and Maria Cantwell, opposing the recent introduction of the Self-Regulation Oversteps the Reach of Education (SCORE) Act. The senators argue that the antitrust exemption would serve as a bailout for the National Collegiate Athletic Association (NCAA), undermine progress made by student athletes, and allow the organization to continue exploiting college athletes.

Key Takeaways:

  • The SCORE Act includes an antitrust exemption for the NCAA, which would eliminate the primary tool for athletes to assert their rights and expose illegal behavior by the NCAA.
  • The senators argue that the antitrust exemption would allow the NCAA to coordinate with its member institutions, primarily serving their financial and competitive interests, and giving them unchecked authority to set national rules that suppress athlete pay.
  • The Supreme Court's unanimous ruling in Alston v. NCAA (2020) established that the NCAA and its members are not entitled to blanket antitrust immunity, and the senators believe that the SCORE Act would undermine this ruling and inject uncertainty into the college athletics landscape.
  • The senators stress that the NCAA's push for antitrust immunity is not about protecting athlete amateurism or opportunity but about gaining power and control over student athletes.
  • The senators oppose the antitrust exemption included in the SCORE Act, arguing that it would enable the NCAA to continue exploiting college athletes and remove an essential mechanism for athletes to hold the NCAA accountable.
  • Senator Chris Murphy has been a strong advocate for the rights and fair compensation of college athletes, reintroducing the Collegiate Athletes' Rights and Opportunities (CARO) Act and the Fairness in College Athletics Act to expand and codify the right of college athletes to be fairly compensated for their Name, Image, and Likeness (NIL).

Sources:

  • A letter from Senators Chris Murphy (D-Conn.), Richard Blumenthal (D-Conn.), Bernie Sanders (D-Vt.), and Cory Booker (D-N.J.) to Senators Ted Cruz (R-Texas) and Maria Cantwell (D-Wash.) opposing the SCORE Act.
  • The Schumer-Murphy CARO Act (S. 3746) to codify the right of college athletes to unionize and collectively bargain for fair compensation and better working conditions.
  • The Fairness in College Athletics Act to expand and codify the right of college athletes to be fairly compensated for their Name, Image, and Likeness (NIL).