The Death of Amateurism: How A Vertical Restructuring of the NCAA Could Preserve Its Role as the Governing Body of Collegiate Athletics

The National Collegiate Athletic Association (NCAA) is struggling to survive as an organizational entity because of near-constant litigation over university and student-athlete rights. As we enter an era of “amateur” sports where student-athletes can earn unrestrained financial compensation for their efforts, the NCAA is struggling to convince stakeholders that it has a worthwhile plan for the everchanging landscape of collegiate athletics. The NCAA retained a purpose as a governing entity when its rules relating to financial inducements and transfer eligibility were enforceable. Now, stakeholders look to separate themselves from the NCAA. To maintain a purpose and survive as the governing entity of collegiate athletics, the NCAA needs to recover its coveted antitrust exemption. This Comment advocates for the NCAA to create distinct governing bodies for its biggest sports: men’s and women’s college basketball. The NCAA should then vertically restructure itself as a franchise, where willing universities would join as franchisees. The purpose of this joint venture is to exploit the “single entity” defense, one of the chief avenues to obtaining antitrust exemption. This recommendation will use Major League Soccer’s corporate organization as the blueprint for the NCAA to follow in an effort to preserve its role as the governing body of American collegiate athletics.