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NIL will not be the end game or the solution

Instead, players becoming employees of the university (via a players union and collective bargaining) and receiving a "fair" salary is where this is headed. NIL is just a bump in the road that highlights that the "free market" of college football is still not "free" yet and consequently "perverse" market forces are in command.

It started with the universities being greedy, deciding they wouldn't share any of their revenue with the student athletes that generate it, and instead awarding themselves with big fat salaries. Really poor leadership at the NCAA offices (Emmert $3.5M/year), conference commissioner level (Larry Scott $5.3M/year), and the AD's (Rick George $1M/year).

"Kavanaugh gave the concurring opinion after Justice Neil Gorsuch wrote the initial opinion. He said the NCAA’s compensation rules raise "serious questions under antitrust laws" and gave three points on the matter. He went against the NCAA’s argument that the lack of compensation levels the playing field. He wrote the NCAA’s argument was "circular and unpersuasive" and the organization was engaged in "price-fixing labor" and called the matter a "textbook antitrust problem."

"The bottom line is that the NCAA and its member colleges are suppressing the pay of student athletes who collectively generate billions of dollars in revenues for colleges every year. Those enormous sums of money flow to seemingly everyone except the student athletes. College presidents, athletic directors, coaches, conference commissioners, and NCAA executives take in six- and seven-figure salaries. Colleges build lavish new facilities. But the student athletes who generate the revenues, many of whom are African American and from lower-income backgrounds, end up with little or nothing," he wrote.

In conclusion, Kavanaugh noted the longstanding traditions in the NCAA could not disqualify the organization from any potential antitrust issues.

"To be sure, the NCAA and its member colleges maintain important traditions that have become part of the fabric of America—game days in Tuscaloosa and South Bend; the packed gyms in Storrs and Durham; the women’s and men’s lacrosse championships on Memorial Day weekend; track and field meets in Eugene; the spring softball and baseball World Series in Oklahoma City and Omaha; the list goes on. But those traditions alone cannot justify the NCAA’s decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated. Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law."

Kavanaugh's opinion tears into the NCAA's assertion that amateurism is, as he wrote, "the defining feature of college sports." Such "innocuous labels," as Kavanaugh called them, "cannot disguise the reality: The NCAA’s business model would be flatly illegal in almost any other industry in America."

"All of the restaurants in a region cannot come together to cut cooks’ wages on the theory that 'customers prefer' to eat food from low-paid cooks. Law firms cannot conspire to cabin lawyers’ salaries in the name of providing legal services out of a 'love of the law.' Hospitals cannot agree to cap nurses’ income in order to create a 'purer' form of helping the sick. News organizations cannot join forces to curtail pay to reporters to preserve a 'tradition' of public-minded journalism. Movie studios cannot collude to slash benefits to camera crews to kindle a 'spirit of amateurism” in Hollywood.

"Price-fixing labor is price-fixing labor. And price-fixing labor is ordinarily a textbook antitrust problem because it extinguishes the free market in which individuals can otherwise obtain fair compensation for their work."

The current NCAA model is "suppressing the pay of student athletes who collectively generate billions of dollars in revenues for colleges every year," Kavanaugh wrote.

Link: Supreme Court Ruling

Posted: 05/10/2022 at 12:20PM


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Current Thread:
NIL will not be the end game or the solution -- HallelujahBuff 05/10/2022 12:20PM
  Make em employees. Tax everything, including scholarships -- Colo Spgs Buff 05/10/2022 1:31PM
  Wait, they are being taxed, right? -- JeffGerardi 05/11/2022 07:17AM
  I agree ... they should be taxed -- HallelujahBuff 05/10/2022 1:37PM
  Love it ** -- Colo Spgs Buff 05/10/2022 1:57PM
  The tax argument is one of the worst ones out there -- HallelujahBuff 05/10/2022 2:08PM
  Yeah, like slaves were compensated -- EBN 05/10/2022 2:43PM
  Perhaps, but not on the backs of the kids ** -- EBN 05/11/2022 07:28AM
  Really dumb comment -- BadgerBuff 05/10/2022 11:02PM
  Know what I'm tired of hearing? -- EBN 05/11/2022 07:26AM
  No offense taken -- BadgerBuff 05/11/2022 2:03PM
  You have a subjective point of view, obviously. -- Colo Spgs Buff 05/11/2022 12:58PM
  Yes, they do work hard -- CUKev 05/10/2022 7:13PM
  I think the tax issue is being blown out of proportion -- HallelujahBuff 05/10/2022 2:55PM
  Can I assume you -- BadgerBuff 05/10/2022 11:21PM
  Pretty sure I know something about it. ** -- EBN 05/11/2022 07:27AM
  Congrats on your dad in XC. Track coach here but -- BadgerBuff 05/11/2022 1:54PM
  It is definitely not "fair market" compensation -- HallelujahBuff 05/10/2022 1:04PM
  No, I would not trade my compensation -- CUKev 05/10/2022 5:28PM
  Can you throw a football 60 yards, or run a 4.35 40? -- HallelujahBuff 05/10/2022 5:59PM
  I understand what you're saying -- CUKev 05/10/2022 7:18PM
  You are 100% correct ... it's an accounting gimick -- HallelujahBuff 05/10/2022 1:46PM
  Incorrect -- TBonePickens 05/10/2022 6:34PM
  Thank you for that information -- HallelujahBuff 05/10/2022 6:53PM
  If they didn’t like the old system -- Irish Buff 05/10/2022 1:24PM
  Re: If they didn’t like the old system -- HallelujahBuff 05/10/2022 2:18PM
  You are comparing a DOCTOR -- Irish Buff 05/10/2022 7:16PM
  Every player has different value -- CUKev 05/10/2022 5:05PM
  I never said I would pay them the same amounts -- HallelujahBuff 05/10/2022 5:46PM
  Yup ** -- Colo Spgs Buff 05/10/2022 1:35PM
  Further more -- Irish Buff 05/10/2022 1:51PM
  They already do ... its called the portal -- HallelujahBuff 05/10/2022 1:59PM
  Where can I get reliable information -- Irish Buff 05/10/2022 7:17PM
  Adam Munstertiger talked about it on a recent podcast -- HallelujahBuff 05/10/2022 7:23PM
  Now ur on to something 😂😂😂🦬 ** -- Irish Buff 05/10/2022 7:18PM
  Had to chuckle at that one ** -- Go2Bowl 05/10/2022 2:45PM
  Get off my lawn. ** -- hawg1 05/10/2022 2:00PM
  Right -- Irish Buff 05/10/2022 7:20PM