Additional AGs Join Lawsuit Against NCAA Alleging Antitrust Violations

  • D.C. AG Brian Schwalb, Florida AG Ashley Moody, and New York AG Letitia James have joined a lawsuit brought by Tennessee AG Jonathan Skrmetti and Virginia AG Jason Miyares against the National Collegiate Athletic Association (NCAA), which we previously covered, alleging that the organization’s restrictions on future student-athletes’ ability to commercially use their name, image, and likeness (NIL) constitute violations of federal antitrust law.
  • In the amended complaint, the AGs assert that, following the Supreme Court’s 2021 decision in NCAA v. Alston, the NCAA was required to drop its longstanding prohibitions on college athletes earning money from their NIL. However, the AGs allege that the NCAA is now thwarting the ability of student-athletes to get fair compensation for their NIL by banning prospective college athletes and potential transfer athletes from discussing NIL opportunities before enrolling at an institution.
  • The lawsuit seeks a declaration that the NCAA’s new NIL restriction violates the Sherman Act, injunctive relief, and costs and fees, among other relief.
  • In February 2024, the Court granted the request by Tennessee and Virginia for a preliminary injunction enjoining the NCAA from enforcing the NIL rules pending the outcome of the litigation.