Antitrust Law Daily Wrap Up, ANTITRUST—N.D. Cal.: College athletes agree to dismiss damages claims in antitrust action against NCAA, (Jun 10, 2014)

By Linda O’Brien, J.D., LL.M.

In an action by current and former college athletes against the National Collegiate Athletic Association over its prohibition on student-athlete compensation for the use of their names, images, and likenesses in television broadcasts and video games, the plaintiffs agreed to dismiss their individual damages in a stipulation filed in the federal district court in Oakland, California. However, the plaintiffs are proceeding with their claims for declaratory and injunctive relief in an ongoing antitrust bench trial (O’Bannon v. National Collegiate Athletic Association, June 9, 2014, Wilken, C.).

A group of current and former college athletes who played on men’s football or basketball teams filed suit against the National Collegiate Athletic Association (NCAA), alleging that the NCAA violated federal antitrust law by conspiring with licensing companies, Electronic Arts Inc. and Collegiate Licensing Company, to restrain competition in the market for the commercial use of their names, images, and likenesses in television broadcasts and NCAA brand video games. 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 trial.

The court dismissed the claims pursuant to a stipulation of counsel. In the stipulation, the plaintiffs agreed to dismiss with prejudice their individual damages claims against NCAA, claims for disgorgement of profits or unjust enrichment, and claims for an accounting. However, the plaintiffs will proceed with their claims against the NCAA for declaratory and injunctive relief, and with their claims against Electronic Arts Inc. and Collegiate Licensing Company, in a bench trial.

The case is No. 09-cv-3329-CW.

Attorneys: Michael D. Hausfeld and Michael P. Lehmann (Hausfeld LLP) for Edward O’Bannon. Glenn D. Pomerantz (Munger, Tolles & Olson LLP) and Gregory L. Curtner (Schiff Hardin LLP) for National Collegiate Athletic Association.

Companies: National Collegiate Athletic Association; Electronic Arts Inc.; Collegiate Licensing Company

Cases: Antitrust CaliforniaNews