Oregon Law Review : Vol. 86 No. 2, p. 329-321 : The NCAA in Its Second Century: Defender of Amateurism or Antitrust Recidivist?
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.