Winston & Strawn Trial Team Secures U.S. Supreme Court Victory for College Athletes in NCAA Scholarship Antitrust Class-Action Lawsuit

The U.S. Supreme Court today unanimously affirmed that NCAA restrictions on educational related athlete benefits are a violation of U.S. antitrust laws, in a historic decision in which Winston & Strawn represented the plaintiff athletes. As Justice Kavanaugh stated in a concurring opinion: “The NCAA is not above the law.”

Lead counsel Jeffrey Kessler stated: “This historic 9-0 decision is about the athletes, especially those who will never join the pros. It is a chance to make a meaningful difference in their lives and their communities. Hopefully, it will also swing the doors open to further change, so that we can finally see a fair and competitive compensation system in which these incredible players get to benefit from the economic fruits of their labors and pursue their educational objectives.  Only then will the NCAA truthfully be able to say it is devoted to the welfare of the student athletes.” 

Jeffrey Kessler is Partner, Co-Executive Chairman, & Co-Chair, Antitrust/Competition & Sports Law Practices for the law firm of Winston & Strawn. Representing the athletes from Winston & Strawn are Jeffrey Kessler, Linda Coberly, David Feher, David Greenspan, Jeanifer Parsigian, the late Derek Sarafa, Adam Dale, Scott Sherman, Aaron Steeg, and Corinne Kyritsopoulos. Winston’s co-counsel includes Steve Berman of Hagens Berman Sobol Shapiro LLP and Bruce Simon of Pearson, Simon & Warshaw, LLP.

The American Lawyer noted this victory in its December 14, 2021, Litigation Department of the Year feature.

The decision was covered by the following media outlets:

• Supreme Court ruling on NCAA benefits could ‘open the floodgates’ on athlete pay, The Mercury News
• NCAA Antitrust Ruling Paves Steep Path for Certain Athlete Pay, Bloomberg Law
• NCAA in apparent denial about impact of Monday’s Supreme Court ruling, NBC Sports
• The NCAA, the Supreme Court, a Duck, and a Bicycle, The Wall Street Journal 
• SCOTUS Slams NCAA in Pro-Athlete Alston Ruling, Front Office Sports  
• Supreme Court rules against NCAA, LA Times 
• U.S. Supreme Court sides with college athletes against NCAA, The BBC 
• Supreme Court’s NCAA ruling puts athletes on legal path to getting paid, The Washington Times
• Supreme Court Rules Unanimously Against Ncaa In Alston case, Sportico  
• Supreme Court Rules Against NCAA In Case Over Student Athlete Compensation, Forbes
• 'We've Done It to Ourselves': A Divided NCAA Membership Delays NIL Vote as Pressures Mount, Sports Illustrated 
• Supreme Court’s NCAA ruling could be amateur model death blow, New York Post 
• Supreme Court unanimously sides with former college players in dispute with NCAA about compensation, ESPN
• Reactions to U.S. Supreme Court ruling on NCAA compensation limits, Reuters
• Supreme Court Slams the NCAA, Sides With Student-Athletes in Compensation Case, The Root
• Supreme Court sides with athletes in dispute with NCAA over rules limiting benefits, The San Diego Union Tribune
• The Supreme Court Sides With NCAA Athletes In A Narrow Ruling, NPR
• High Court Says NCAA Can't Limit Athlete Education Pay, Law360
• NCAA's Student-Athlete Compensation Rules Violate Antitrust Law, Justices Say, Law.com
• Supreme Court rules against NCAA in antitrust case in unanimous decision, USA Today