In a new article for the American Bar Association Antitrust Law Section, Thompson Coburn attorney Aaron Mendonsa examined the growing wave of litigation challenging NCAA eligibility rules in the name, image, and likeness (NIL) era.
As college athletes increasingly pursue NIL opportunities, courts across the country are being asked to decide whether NCAA eligibility rules are commercial restraints subject to antitrust and unfair competition laws or non-commercial rules designed to govern athletic competition. In the ABA article, Aaron explored the evolving legal landscape, including recent cases addressing season-of-play limits, junior college eligibility rules, and the NCAA’s revised age-based eligibility framework. He analyzed the emerging split among courts over whether eligibility restrictions that affect an athlete’s ability to earn NIL compensation should be treated as commercial conduct.
Aaron concluded that ongoing litigation is likely to further shape how courts distinguish between commercial and non-commercial NCAA rules. As the NIL marketplace continues to evolve, colleges, athletes, and other stakeholders should closely monitor developments that could significantly impact athlete eligibility and compensation opportunities.
The full article is available here (registration required).
