After Further Review: Are NCAA Conferences Now Subject to Antitrust Liability?

Following the Alston decision, the landscape of college athletics has undergone significant transformation. Although the Supreme Court in Alston previously determined that individual conferences lacked power over the relevant market, this is no longer true for all conferences. This note explores the potential antitrust liability facing individual NCAA conferences in the post-Alston era. It reviews the NCAA’s historical context, its member institutions, and the variations in membership across Divisions and sports. The analysis then shifts to the current state of college athletics, including NIL policies, conference realignment, and media rights deals. The note further assesses whether certain conferences are susceptible to antitrust claims through a rule-of-reason analysis, which reveals that market realities have shifted since Alston, potentially exposing some conferences to legal challenges. Finally, the note proposes strategies for addressing these issues, focusing on mitigating antitrust risks, preparing for potential investigations.