2 Reforming College Sports: The Case for a Limited and Conditional Antitrust Exemption

Abstract

College sports has been undergoing rapid commercialization and reorganization. This transformation has led to sharpening inequality among schools within and between divisions, unstable and unsustainable economics, and burgeoning legal challenges. It is not an exaggeration to state that intercollegiate athletics is at an economic and legal tipping point. This article first discusses the economic issues confronting college sports. It then turns to consider the plethora of litigation facing the National Collegiate Athletic Association (NCAA) and argues that antitrust and labor laws are inadequate means to respond effectively to the economic and legal challenges surrounding college sports. Finally, the article makes the case for a limited and conditional antitrust exemption for the NCAA that would promote the primacy of academics and the fair treatment of athletes.