on 5/10/2022, 8:07 am
“So the question is, under antitrust
law, is the rule that’s being enforced reasonable?” Winter said. “And from my
reading of everything, the rule that
they’re going to be enforcing is the rule
that says boosters and other third par-
ties like collectives cannot pay athletes
in return for a commitment to a school.”
Heitner advises several collectives
and businesses that have made NIL
deals with college athletes. He said he
has stressed to clients from the start to
wait until athletes are at the school of
their choice before getting involved.
“I don’t think it’s a collective issue,”
he added. “I think it’s just a matter of the
NCAA saying, ‘Hey, we’ve always been
of the position that boosters cannot influence decision making of athletes,
particularly high school athletes who
have not yet enrolled at universities.’”
Gabe Feldman, the director of sports
law at Tulane, said the NCAA would be
best served being forward-looking with
its NIL enforcement.
“I think that probably is a safer and
probably more fair approach,” Feldman said."
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