Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Football star Reggie Bush sues NCAA, Pac-12, and USC over publicity rights, (Sep 24, 2024)
Organizations Mentioned:McCathern, PLLC | NCAA | National Collegiate Athletic Association | Pac-12 Conference | University of Southern California
By Steven Melendez
Bush says the organization and college violated antitrust laws in conspiring not to pay athletes like him.
Football great Reggie Bush sued the National Collegiate Athletic Association (NCAA), University of Southern California (USC), and Pac-12 Conference, saying the organizations violated antitrust laws in a conspiracy to deprive him for using his name, image, and likeness (Bush v. National Collegiate Athletic Association, No. 248TCV24615 (Cal. Super. Sept. 23, 2024)).
Bush was a star running back at USC from 2003 through 2005, winning awards including the Heisman Trophy and setting records before departing for the National Football League.
"Reggie Bush received all the accolades a college football athlete could receive during his three years playing football at USC," according to a complaint filed in the case. "And while Bush received the accolades, Defendants, NCAA, USC, and the Pac-12 Conference received all the money. Millions upon millions of dollars of money, all derived directly from Reggie Bush’s name, image and likeness."
USC and the athletic organizations made millions in TV licensing deals, with USC and the Pac-12 even renegotiating broadcast contracts while he was bringing attention to the school, according to the complaint. Bush was even made the cover of the video game NCAA Football in 2007, when the game brought in roughly $125 million, compared to $60 million the previous year, according to the complaint. USC even made roughly $30 million from the share of Reggie Bush jerseys, Bush alleges.
He argues that the NCAA, USC, and Pac-12 violated the Cartwright Act, California's state antitrust statute, by effectively fixing the price of Reggie Bush's name, image, and likeness rights to zero. At the time, college players weren't allowed to profit from those rights under league rules and were compelled to sign agreements not to do so if they wanted to play college ball. Even now, Bush alleges, he's restricted “from selling his name, image and likeness in the relevant free market as it relates to the NCAA, USC or Pac-12.”
The restrictions “have no relationship to any alleged goal of ‘amateurism,’ or any legitimate procompetitive purpose,” Bush claims.
Bush’s complaint also alleges unfair competition—by artificially depressing the price of his name, image, and likeness—and unjust enrichment. He's seeking restitution of "all profits" earned by the organizations for using his name, image, and likeness, as well as an injunction keeping the defendants from enforcing their agreement restricting his rights. He's also seeking treble damages under the Cartwright Act, as well as costs and attorney fees.
The Case is No. 248TCV24615.
Attorneys: Evan Selik (McCathern, PLLC) for Reginald Bush.
Companies: National Collegiate Athletic Association; University of Southern California; Pac-12 Conference
News: Antitrust CaliforniaNews