(University of Oregon School of Law, 2007) Lazaroff, Daniel E.
This Article begins with a brief description of the
development of the NCAA and its emergence as the preeminent
regulator of intercollegiate athletics. Part II discusses the
antitrust litigation challenging various NCAA rules and
regulations and the creation of a dichotomous antitrust analysis
that separates restraints on athletes from other commercial trade
restrictions in the context of amateur sports. Part III then
deconstructs and criticizes this bifurcated approach, arguing that
the conventional analysis is flawed and archaic given the
economic realities of contemporary NCAA competition. Part
IV offers some alternative approaches to the issues, including a
somewhat different application of antitrust principles as well as
possible legislative considerations.
