the US Department of Education Office of Civil Rights continues its position under the new administration remains to be seen .
On January 18 , 2025 the Department of Justice filed an objection to the proposed settlement because it argued the antitrust issues remain , allowing the NCAA “ to continue fixing the amounts its member schools can pay students for the use of their NIL ”, and asked Judge Wilken to deny the proposed settlement or clearly rule that approval of the proposed settlement does not mean that the Salary Cap Rule complies with antitrust laws .
The Department of Justice position in House v . NCAA has support from at least one of the members of the United States Supreme Court . Justice Kavanaugh ’ s concurring opinion in National Collegiate Athletic Association v . Shawne Alston , decided in June 2021 , finds that the NCAA agreed it controlled the market for college athletes , that its compensation rules set the price of student labor at a belowmarket rate and that the student athletes had no meaningful ability to negotiate with the NCAA over the compensation rules . Id . At 109 . Justice Kavanaugh raised three reasons driving his concurring opinion ultimately concluding that “[ b ] usinesses like the NCAA cannot avoid the consequence of price – fixing labor by incorporating price – fixed labor into the definition of the product . Or to put in more doctrinal terms , a monopsony cannot launder its price-fixing of labor by calling it a product definition .” Id . Whether the Department of Justice continues its position under the new administration remains to be seen . �
Thomas
F . Icard , Jr . MEDIATOR | ARBITRATOR | SPECIAL MASTER
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