Antitrust Law Daily Wrap Up, ANTITRUST—9th Cir.: injunction requiring NCAA to lift ban on student- athletes compensation stayed, (Jul 31, 2015)
Law Firms Mentioned:Hausfeld LLP | Keker & Van Nest LLP | Kilpatrick Townsend & Stockton LLP | Munger, Tolles & Olson LLP | Schiff Hardin LLP | Wilmer Cutler Pickering Hale and Dorr LLP
Organizations Mentioned:Collegiate Licensing Company | Electronic Arts Inc. | Hale and Dorr, LLP | Hausfeld, LLP | Keker & Van Nest, LLP | Kilpatrick Townsend & Stockton, LLP | Munger, Tolles & Olson, LLP | NCAA | National Collegiate Athletic Association | Schiff Hardin, LLP
By Linda O’Brien, J.D., LL.M.
In an action by current and former college athletes against the National Collegiate Athletic Association, the U.S. Court of Appeals in San Francisco has agreed to stay an injunction that would have required the NCAA to lift its prohibition on student-athlete compensation for the use of their names, images, and likenesses in television broadcasts and video games (O’Bannon v. National Collegiate Athletic Association, July 31, 2015, Per Curiam).
A group of current and former student-athletes who played on men’s football or basketball teams at Division I member schools and conferences filed suit against the National Collegiate Athletic Association (NCAA), alleging that the NCAA violated federal antitrust law by conspiring with Electronic Arts Inc., and Collegiate Licensing Company to restrain competition for the commercial use of their names, images, and likenesses in television broadcasts and NCAA brand video games. In particular, the plaintiffs challenged NCAA rules that bar student-athletes from receiving a share of the revenue the NCAA and member schools earn from the sale of those licenses.
In April 2014, the court granted the plaintiffs’ motion for summary judgment on their antitrust claims against the NCAA and set their damages claims for a bench trial. In August 2014, the court enjoined (with an effective date of August 1, 2015) the NCAA from enforcing its prohibition on student-athlete compensation. The NCAA appealed.
In today’s brief order, the appellate court granted a stay of the district court’s injunction, to preserve the status quo until the court decides the case.
The case is No. 14-16601.
Attorneys: Michael D. Hausfeld (Hausfeld LLP) for Edward C. O'Bannon, Jr. Gregory L. Curtner (Schiff Hardin LLP), Kelly M. Klaus (Munger, Tolles & Olson LLP), and Daniel Volchok (Wilmer Cutler Pickering Hale and Dorr LLP) for National Collegiate Athletic Association. Steven A. Hirsch (Keker & Van Nest LLP) for Electronic Arts, Inc. Peter Michael Boyle (Kilpatrick Townsend & Stockton LLP) for Collegiate Licensing Co.
Companies: National Collegiate Athletic Association; Electronic Arts Inc.; Collegiate Licensing Company
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