The National Collegiate Athletic Association

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Since the founding of the National Collegiate Athletic Association in 1906, there has been a principle in place that states that “student-athletes shall be amateurs in an intercollegiate sport, and their participation should be motivated primarily by education and by the physical, mental, and social benefits to be derived… and student-athletes should be protected from exploitation by professional and commercial enterprises” (NCAA, Division 1 Amateurism Deregulation Proposals, 2014). The NCAA has since attempted to “Americanize” the Greek concept of amateurism as competitive inequity by promoting it predominately as the connection between education and sport (NCAA, Division 1 Amateurism Deregulation Proposals, 2014). Though the NCAA will…show more content…
Examining such obvious commercialization, it is likely that the historical lifeblood of the NCAA that is amateurism puts the organization in violation of the rights of student athletes as well as the Sherman Antitrust Act.
Primary Law
The Sherman Antitrust Act, passed in 1890, was the first federal law outlawing monopolistic business practices. Section one of the act states that “every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal” (Sherman Act, 1890). By definition, characteristics of a monopoly include: profit maximizer, price maker, high barriers to entry, single seller of a product or service, and price discrimination. Though the NCAA denies possession of these characteristics, some of its very own bylaws connote otherwise. Article 12 of the NCAA’s bylaws states that “a student-athlete is not permitted to use his or her name or picture to promote a business” and goes on to say that “a student-athlete may not profit or receive royalties from his or her NCAA likeness… even after graduation” (NCAA, Division 1 Manual, 2014). Further, the bylaw puts responsibility solely on the student-athlete to stop an individual or organization from using his
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