Winston & Strawn Files Antitrust Class Action Against NCAA “Amateurism” Ban on Athlete Compensation

Winston & Strawn LLP and Hagens Berman have filed a new antitrust class action in the Northern District of California against the NCAA and the Big Ten, SEC, Pac-12, ACC, and Big 12 challenging the NCAA’s anticompetitive “pay-for-play” rules. The lawsuit requests an injunction permanently restraining the NCAA from enforcing all of its unlawful and anticompetitive rules restricting the compensation and benefits that college athletes can receive in exchange for their athletic services. The case also seeks treble damages for the compensation these athletes would have received absent the NCAA’s unlawful restraints. In that filing, plaintiffs including Duke football player Dewayne Carter, TCU basketball player Sedona Prince and Stanford soccer player Nya Harrison are asking a judge to bar the NCAA from enforcing any rules that prohibit athlete compensation.

“The House case is already seeking a broadcast sharing with the student-athletes with respect to the value of their NIL,” Jeffrey Kessler told AP News. “This case would also allow student-athletes, if we’re successful, to get broadcast revenues for their performance.”

The Winston team representing the athletes includes Jeffrey Kessler, David Greenspan, David Feher, Jeanifer Parsigian, Adam Dale, Sarah Viebrock, and Neha Vyas.

The filing was covered by the following media outlets:

• “Athletes sue NCAA, Power 5 for not getting paid,” ESPN
• “The NCAA is looking at how to get athletes paid. That likely won’t solve its legal headaches,” AP News
• “Lawsuit challenges NCAA prohibition on playing players,” USA Today
• “NCAA faces legal blitz as states, more athletes sue over curbs on student players,” Reuters
• “NCAA Legal Woes Swell As 7 States Sue Over Transfer Rule,” Law360
• “TCU women's basketball star among athletes suing NCAA, Power 5 for not getting paid,” McKinney News Source
• “Group of athletes sue NCAA for lack of payment,” The Suave Report
• “NCAA Hit With Class Action Lawsuit Over Anticompetitive Pay for Play Laws,” Legitimate Gambling