William W. Berry III (University of Mississippi School of Law) has posted Cheering for the Laundry (78 Alabama Law Review, forthcoming 2026) on SSRN. Here is the abstract:
The NCAA is disappearing. Its rules have long violated antitrust law, and there may be no pro-competitive antitrust justification for keeping any of its rules. The pro-competitive benefit in the entertainment market that would justify the NCAA’s use of its rules relates only to the athlete wearing the logo and uniform of the university. Fans will keep watching irrespective of whether athletes are paid, or are even students, because they cheer for the laundry.
So, what might that world of intercollegiate athletics—one without NCAA rules—look like? This article stares into the crystal ball and examines a likely path forward for college sports in light of the economic interests of the universities, the athletes, the NCAA, the conferences, the coaches, the fans & boosters, and the networks & corporate sponsors. Specifically, it argues that without the adoption of a conference-employee model or some other path to an antitrust exemption, colleges and universities will soon be in the business, if they are not already, of running professional athletic programs.
Part I provides a short overview of the move from an amateur to a commercial model of intercollegiate athletics. Part II of the Article frames the conversation by providing a brief overview of the respective compatible and competing interests in intercollegiate athletics. Part III outlines the legal landscape that provides parameters that limit, shape, and, in some senses, drive this uncertain future. And Part IV offers a model of what a post-NCAA college sports landscape might look like.
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