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Attorneys Seek NIL Damages In New Antitrust Lawsuit Against NCAA

Attorneys acting on behalf of two current college athletes "filed a federal antitrust lawsuit against the NCAA and the Power Five conferences that could substantially increase the tension -- and financial stakes -- connected to athletes’ ability to make money off their name, image and likeness," according to Steve Berkowitz of USA TODAY. The suit, which "seeks to be a class action, not only asks that the NCAA be prevented from having association-wide rules that 'restrict the amount of name, image, and likeness compensation available' to athletes but also seeks unspecified damages based on the share of television-rights money and the social media earnings it claims athletes would have received if the NCAA’s current limits on NIL compensation had not existed." As allowed under federal antitrust law, the suit "seeks to cover athletes who played in any of the past four years and carry forward through the date of a final judgment." In addition, if a jury "decides to award damages to an antitrust plaintiff, the amount is tripled." The suit "claims that football, men’s basketball and women’s basketball players at schools in the Power Five conferences are entitled to damages related to the use of their NIL’s during telecasts of games and that athletes in any sport at a Power Five school are entitled to damages related to social media earnings." The "named plaintiffs in the new case are Arizona State men’s swimmer Grant House, an Olympic hopeful, and Oregon women’s basketball player Sedona Prince" (USA TODAY, 6/16).

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