The NCAA and Antitrust: Guardians of Amateurism to Guarantors of Continued Chaos? Part I: A Focus on the NCAA

Abstract

The NCAA is a massive organization, employing around 3,165 individuals, with about 500 working at its national office in Indianapolis. Since its founding in 1906 in response to the crisis in American football, the power of the NCAA over college athletics, largely based upon the principle of amateurism, had been  unchecked. That is, until universities and athletes began to “fight back,” arguing that NCAA policies denied them the right to receive compensation for broadcast rights, or for the use of their name, image, or likeness (NIL), or for a share of the massive revenues generated by college sports. This article is Part I of a comprehensive study of the history, organization and membership, enforcement powers, and revenues of the NCAA. Part II analyzes several major cases decided on the basis of the relationship between NCAA policies and antitrust law in such areas an NIL rights, revenue sharing and other issues. The article also analyzes several proposals for major reforms of the NCAA in a closing comment on “NCAA at a Crossroads.”