NCAA Transfer & NIL Policies

Yes any one employer (school/athletic dept/bball program) could set a term limit that mimics the 4-in-5 model of eligibility.... but if you then have 350+ employers competing against each other, what would stop any individual employer from offering different terms as a way to gain advantage? Come to our school and we'll let you score 6 years of NIL, but those other places only give 4 years, or a year at a time? Would everyone just somehow end up offering the same term without there being collusion?
 
Yes any one employer (school/athletic dept/bball program) could set a term limit that mimics the 4-in-5 model of eligibility.... but if you then have 350+ employers competing against each other, what would stop any individual employer from offering different terms as a way to gain advantage? Come to our school and we'll let you score 6 years of NIL, but those other places only give 4 years, or a year at a time? Would everyone just somehow end up offering the same term without there being collusion?

Again, you are assuming there will be no governing body setting guidelines/requirements/standards for participation at a college/university. That's a big "if". Even professional sports have governing bodies over their sports. Professional sports has regulated free agency, salary caps, luxury tax........ College sports is NOT going to turn into Deadwood, SD.
 
Again, you are assuming there will be no governing body setting guidelines/requirements/standards for participation at a college/university. That's a big "if". Even professional sports have governing bodies over their sports. Professional sports has regulated free agency, salary caps, luxury tax........ College sports is NOT going to turn into Deadwood, SD.
The ncaa’s recent history of defending its regulations is not good. I’m confident the years of eligibility regulation will be contested soon, especially since salaries have gone through the roof.
 
Again, you are assuming there will be no governing body setting guidelines/requirements/standards for participation at a college/university. That's a big "if". Even professional sports have governing bodies over their sports. Professional sports has regulated free agency, salary caps, luxury tax........ College sports is NOT going to turn into Deadwood, SD.
Again, you seem not to understand that those governing bodies exist within frameworks that allow them to hold that power in a way that is not in contradiction (or at least not currently held to be in contradiction) with the law. The existing framework relied upon by the NCAA has lost a lot of its structural integrity as courts have chopped away at it.
 
Again, you are assuming there will be no governing body setting guidelines/requirements/standards for participation at a college/university. That's a big "if". Even professional sports have governing bodies over their sports. Professional sports has regulated free agency, salary caps, luxury tax........ College sports is NOT going to turn into Deadwood, SD.
Right. But the issue right now is the college sports governing body has been rendered lame. So, right now it’s the wild Wild West. Really, the conferences, specifically the P5 conferences have the most authority. Followed by the universities and then the players and their agents. What a mess
 
I haven't read everything in this discussion but seems that the mid-majors have both STANDING and HARM that they could use in suing the NCAA... There has to be a better way to divvy up $$$ that doesn't make kids want to jump so quickly... One way would be to take all the $$$ and split it evenly among all the D-1 programs...

Another thought it have kids sign contracts that bind them to a certain number of seasons they would owe a team that recruits them keeping in mind that it costs a lot of money to recruit a kid...

Maybe what the NCAA needs is a collective bargaining agreement with the mid-majors who are currently out big $$$ to recruit kids, teach the college game only to lose them after the kids have gotten what they needed to move up... The mid-majors are like the D-league of the NCAA...

SUE 'um mid-majors...
 
Again, you are assuming there will be no governing body setting guidelines/requirements/standards for participation at a college/university. That's a big "if". Even professional sports have governing bodies over their sports. Professional sports has regulated free agency, salary caps, luxury tax........ College sports is NOT going to turn into Deadwood, SD.
I suspect people are tired or just uninterested in the way the law works in this space.

1. Apple could decide tomorrow that it would henceforth refuse to hire people who had previously worked for Google. But when Apple, Google, Adobe and Intel (allegedly) entered into an agreement that none of them would hire people from the other competitors, it violated the Sherman Act. The agreement is the thing. They settled for ~$415MM.

2. Thus, if college programs agreed that they would not employ players who had played 4 years already, or only hire players who met certain academic standards, or would fire any employees who did not go to class, that would be a classic antitrust violaiton.

3. Adding a "governing body" to manage the conspirators' anti-competitive activity would do absolutely nothing to insulate the conspirators from liability.

4. The only reason the NFL and the NBA, e.g., are not unlawful anti-competitive conspiracies is an antitrust exemption applicable to the fruits of the collective bargaining process. The teams, through collective bargaining, can set rookie pay scales, minimum age requirements, practice schedules, prohibit individual employees from demanding raises for some period after the draft -- all patently unlawful anti-competitive conduct in the absence of a collective bargaining agreement.

5. Congress could, and it is at least possible that it will, give the NCAA or some successor organization an antitrust exemption that does not currently exist that would cover the various rules to which we have all become accustomed. That has been proposed as part of a multi-billion dollar settlement currently being negotiated to resolve the 2 massive antitrust cases the NCAA is currently fighting (and losing). Betting on Congress actually acting on this or anything else seems a fool's errand to me, but you can assess that likelihood yourself.
 
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I suspect people are tired or just uninterested in the way the law works in this space.

1. Apple could decide tomorrow that it would henceforth refuse to hire people who had previously worked for Google. But when Apple, Google, Adobe and Intel (allegedly) entered into an agreement that they none of them would hire people from the other competitors, it violated the Sherman Act. The agreement is the thing. They settled for ~$415MM.

2. Thus, if college programs agreed that they would not employ players who had played 4 years already, or only hire players who met certain academic standards, or would fire any employees who did not go to class, that would be a classic antitrust violaiton.

3. Adding a "governing body" to manage the conspirators' anti-competitive activity would do absolutely nothing to insulate the conspirators from liability.

4. The only reason the NFL and the NBA, e.g., are not unlawful anti-competitive conspiracies is an antitrust exemption applicable to the fruits of the collective bargaining process. The teams, through collective bargaining, can set rookie pay scales, minimum age requirements, practice schedules, prohibit individual employees from demanding raises for some period after the draft -- all patently unlawful anti-competitive conduct in the absence of a collective bargaining agreement.

5. Congress could, and it is at least possible that it will, give the NCAA or some successor organization an antitrust exemption that does not currently exist that would cover the various rules to which we have all become accustomed. That has been proposed as part of a multi-billion dollar settlement currently being negotiated to resolve the 2 massive antitrust cases the NCAA is currently fighting (and losing). Betting on Congress actually acting on this or anything else seems a fool's errand to me, but you can assess that likelihood yourself.
Great explanation. Thanks!!
 
Well it was only a matter of time before pro teams took inspiration from the wild west/strawman possibilities being demonstrated by NIL as a way to circumvent salary caps

 
The power conferences are close to settling the House v. NCAA lawsuit, and as a result the non-power conferences are going to be on the hook for $990 million...or about $36.67 million per conference. That is going to be backbreaking for a number of low- and mid-major conferences, for something that didn't involve them in the first place.

 
The power conferences are close to settling the House v. NCAA lawsuit, and as a result the non-power conferences are going to be on the hook for $990 million...or about $36.67 million per conference. That is going to be backbreaking for a number of low- and mid-major conferences, for something that didn't involve them in the first place.


It means a lot more low major schools will be living on the road taking by games to supplement money they otherwise would have received from the conference
 
The power conferences are close to settling the House v. NCAA lawsuit, and as a result the non-power conferences are going to be on the hook for $990 million...or about $36.67 million per conference. That is going to be backbreaking for a number of low- and mid-major conferences, for something that didn't involve them in the first place.


This scheme is profoundly skewed in favor of the P4. They voted down an alternative plan offered by the other ~300 programs in favor of one that is funded largely by programs with players who have no legitimate name image or likeness value.

Another nail in the coffin
 
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