Home > Journals > WMLR > Vol. 64 (2022-2023) > Iss. 2 (2022)
William & Mary Law Review
Abstract
The article titled "The Future of College Sports After Alston: Reforming the NCAA via Conditional Antitrust Immunity" by Nathaniel Grow examines the impacts of the 2021 U.S. Supreme Court decision in National Collegiate Athletic Association (NCAA) v. Alston, which subjected NCAA regulations on student-athlete benefits to federal antitrust scrutiny. While the immediate effect required the NCAA to permit educational benefits, the Court hinted that broader restrictions on NCAA rules could follow, potentially ushering in a "pay-for-play" model. The article details how this shift, combined with new name, image, and likeness rights (NIL), has prompted the NCAA to decentralize, allowing schools and conferences more autonomy.
Grow argues that this decentralization could worsen fiscal imbalances and issues within college athletics due to structural economic incentives, such as elevated deficit spending and compromised student-athlete welfare. He proposes congressional intervention through a conditional antitrust exemption, which would empower the NCAA to regulate athlete compensation with oversight. This reform could help ensure balanced competition and athlete protection without unrestrained spending or further undermining the amateurism model. The article concludes by suggesting two reform paths: one maintaining NIL rights but limiting direct payments (similar to the Olympic model) and another allowing compensation with financial limits, to avoid negative impacts on smaller athletic programs and preserve competitive equity.