NCAA Agrees to Stop Imposing Name, Image, & Likeness Restrictions

Cozen O'Connor
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  • A bipartisan coalition of 5 AGs reached a settlement with the National Collegiate Athletic Association (NCAA) to resolve allegations 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.
  • As previously reported, the AGs alleged that the NCAA thwarted 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 prior to enrollment, despite the Supreme Court’s 2021 decision in NCAA v. Alston, which required the NCAA to drop its longstanding prohibitions on college athletes earning money from their NIL. The lawsuit sought a declaration that the NCAA’s NIL restriction violated the Sherman Act, injunctive relief, and costs and fees, among other relief.
  • According to a press release by Virginia AG Jason Miyares, one of the five settling AGs, the settlement bars the NCAA from reinstating the NIL recruiting ban.

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