Supreme Court decides it will not consider Ed O’Bannon antitrust case against NCAA

The Supreme Court announced its decision not to consider the Ed O’Bannon antitrust case against the NCAA Monday, according to USA Today.

O’Bannon, a former UCLA basketball standout, filed a lawsuit against the NCAA and the College Licensing Company alleging violations of the Sherman Antitrust Act and actions that deprived him of his right of publicity in July 2009. In August 2014, a judge ruled that the NCAA’s practice of barring payments to athletes violated antitrust laws and ordered that schools should be allowed to offer full cost-of-attendance scholarships to athletes, which cover cost-of-living expenses that were not previously part of scholarships.

The NCAA requested the high court should consider whether the 9th U.S. Circuit Court of Appeals properly applied a 1984 Supreme Court ruling that the association used to defend its amateurism system in college sports, which the O’Bannon plaintiffs surprisingly agreed upon.

“While we are disappointed with this decision not to review this case, we remain pleased that the Ninth Circuit with us that amateurism is an essential component of college sports and that NCAA members should not be forced by the courts to provide benefits untethered to education, including providing any payments beyond the full cost of attendance,” NCAA Chief Legal Officer Donald Remy said in statement to USA TODAY Sports.  “We continue to believe, and many other appellate courts have agreed, that the NCAA membership agreements to advance college sports are not violations of the antitrust laws.

“We will continue to strongly advance that legal position in other litigation.  Further, the Court’s determination to not hear the case  will not deter our members from continuing to provide students with academic opportunities, safeguarding their health and well-being and creating fair policies centered on the student-athlete experience.”

Jason Hall

Jason covers SEC football for Saturday Down South.