NCAA rules for student-athletes are based on the assumption that the rules protect the amateur status for these students. But the modern market for some college sports has evolved into a commercial enterprise involving millions of dollars, similar to a professional team. Two recent cases, O’Bannon v. NCAA and Alston v. NCAA, affirm that the antitrust laws should adapt to cover the student-athlete market as a unique commercial area.
Babette E. Boliek is Professor of Law at Pepperdine University Caruso School of Law.
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