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Should NCAA be granted limited antitrust exemption in rev-share era?

In a world where many questions regarding collegiate student-athlete compensation have been answered, even greater concerns are looming. On Monday, Texas A&M Director of Athletics Trev Alberts spoke to the media regarding Texas A&M’s future financial plan in the wake of the NCAA v. House settlement. While the mysteries of athlete compensation have been solved, it […]

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In a world where many questions regarding collegiate student-athlete compensation have been answered, even greater concerns are looming.

On Monday, Texas A&M Director of Athletics Trev Alberts spoke to the media regarding Texas A&M’s future financial plan in the wake of the NCAA v. House settlement.

While the mysteries of athlete compensation have been solved, it is far from over, as the NCAA is still having to deal with a number of lawsuits, and NIL regulation is still a massive concern to athletic directors and coaches across the country. With NCAA president Charlie Baker pushing Congress for a limited antitrust exemption to protect college sports from a slew of lawsuits, Alberts offered a differing opinion.

“We don’t need broad antitrust exemptions,” the Aggie AD said. “We need a skinny NIL bill that will basically do the foundations of what we need to be able to not live in a litigious environment every day, where we’re playing defense. We need to be playing offense.”

Alberts is correct in acknowledging that college sports need reformation in the form of NIL legislation, but with lawsuits piling up and the future of college athletics becoming more unstable with each passing day, is an antitrust exemption needed in order to achieve litigation-free player compensation AND competitive balance?

“We don’t need broad antitrust exemptions. We need a skinny NIL bill that will basically do the foundations of what we need to be able to not live in a litigious environment every day, where we’re playing defense. We need to be playing offense.”

– Director of Athletics Trev Alberts

The reason the House settlement came around is that the NCAA couldn’t handle getting sued and losing lawsuits forever.

Alston v. NCAA, Carter v. NCAA, Hubbard v. NCAA, etc. These were almost all losing battles, and every dollar that the NCAA has to spend on legal fees is a dollar not being directly invested into collegiate sports. Despite the efforts to repair damages with this settlement, it is far from perfect. A large downside of this settlement, as it was explicitly said by Judge Claudia Wilken, is that it does not protect the NCAA from future lawsuits.

Aside from the Title IX lawsuits that are already on the table in just the first few weeks, there are a few more aspects of the settlement that people could challenge in court:

  1. “Anti-competitive” nature of having a salary cap
  2. NIL Go clearinghouse process and restrictions

This raises the question of how do we avoid these exhausting lawsuits while also ensuring competitive balance with NIL?

Right now, there seem to be two clear solutions:

  1. The NCAA is granted Congressional protection (antitrust exemption)
  2. The NCAA and its athletes come to a collective bargaining agreement (CBA)

Let’s break down what each of those pathways would entail.

Limited Antitrust Exemption
A limited antitrust exemption granted by Congress would allow the NCAA to operate in a capacity that shields it from lawsuits. An antitrust exemption would likely allow the NCAA to have ultimate say when it comes to player compensation, NIL compensation, transfer portal regulations and more. It would also allow the NCAA to preserve the concept of “amateurism” and not claim athletes as employees, which would have its benefits.

While this kind of congressional protection could allow the NCAA to set and enforce uniform guidelines to stabilize college athletics without the fear of lawsuits, there are downsides. It could potentially allow the NCAA and its schools to not comply fully with Title IX. This antitrust exemption would also likely take away any and all ability for athletes to negotiate for fair compensation and allow for the NCAA to operate behind a veil with no obligation to be transparent and accountable for its actions.

Collective Bargaining Agreement (CBA)
Collective bargaining through employment is often seen as a middle ground to antitrust exemption that allows for athletes to have greater bargaining power. The NBA and NFL both have collective bargaining that dictates how revenue is split between owners and players, scheduling, drug policies, player safety and more. It is not exactly apples to apples when comparing these professional leagues to college athletics because not every sport generates revenue. Plus, you’re talking about just 1,700 players that play the same sport the way that the NFL is. You’re talking about over 540,000 student athletes across more than 20 sports (both men’s and women’s). This CBA would be much more complicated than anything the professional sports leagues have seen.

You’re talking about over 540,000 student athletes across more than 20 sports (both men’s and women’s). This CBA would be much more complicated than anything the professional sports leagues have seen.

– Author

However, if every athlete agrees on certain standards, you can distribute compensation fairly without a fear of lawsuits while also agreeing on a more stable middle ground in terms of NIL and transfer portal regulation that would stretch uniformly across every school in the league. There wouldn’t be a need for Congress to write new NIL laws that preempt state laws. The NCAA, with the help of athletes and other representatives, could agree on regulations that would be enforced by the NCAA and difficult to challenge in court because they would be a part of the CBA. Even though Deloitte’s NIL Go clearinghouse does some auditing and regulating now, the process and “fair market” evaluations are not necessarily protected from litigation. Also, it’s not certain that complete competitive balance would be achieved through this, as some schools may not be able to afford paying athletes as “employees” if they have to meet certain minimum wage standards. You’re already seeing Olympic sports get cut from many schools, but a CBA could have the potential to accelerate those deficits and prevent many collegiate athletes from participating in sports at all.


The question is, with the NCAA trying to avoid lawsuits while athletic directors and coaches are demanding clear, uniform and enforced NIL regulations… could a limited antitrust exemption or a CBA be the answer to all of this?

Either way, greater power would be granted to the NCAA (or some other entity) that would allow it to operate without fear of litigation.

It could be a good thing for college sports to have basic uniformity where everyone is happy with their compensation, as well as competitive balance.

However, can we trust the NCAA to operate efficiently, transparently and with the athletes’ best interest in mind?

They have had 119 years to prove that and have, thus far, failed.





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Mike Locksley and Maryland have added a reminder near locker room to leave “Louis belts” and “financial statements” outside

By his own admission during Big Ten Media Days today, Mike Locksley lost the Terps locker room last year. “Coach Locks lost his locker room. We had haves and have nots for first time,” Locksley shared, alluding to the NIL era creating a divide in the locker room, a move that everyone could saw coming […]

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By his own admission during Big Ten Media Days today, Mike Locksley lost the Terps locker room last year.

“Coach Locks lost his locker room. We had haves and have nots for first time,” Locksley shared, alluding to the NIL era creating a divide in the locker room, a move that everyone could saw coming but few had a structured plan for the volatile territory college football was welcoming.

The Terps finished last fall near the bottom of the Big Ten standings, ahead of only Purdue at 1-8 in league play and 4-8 overall.

So what did Locksley learn from that experience heading into his seventh season, sitting at 33-41 overall with his rebuild of the Terps?

“The landscape of college football taught me a valuable lesson – if I have to put my desk in the locker room, I will,” he shared.

Taking that a step further, as a constant reminder of the environment they’re trying to create at Maryland, Locksley and his staff decided to put a rather interesting sign outside the locker room.

“You can leave your ‘Louis’ belts, your car keys and your financial statements outside those doors.”

Like the approach or not, Locksley seems clearly determined to not repeat the same mistakes as last year.



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ACC’s Jim Phillips says to give NCAA revenue sharing model a chance amid uncertainty

CHARLOTTE, N.C. — Schools have only been able to pay players directly for three weeks, and questions have already surfaced about the sustainability of the new system. ACC commissioner Jim Phillips’ message Tuesday: Give this model a chance to work. “Without question, there’s still significant work to be done, but we must acknowledge that, collectively, […]

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CHARLOTTE, N.C. — Schools have only been able to pay players directly for three weeks, and questions have already surfaced about the sustainability of the new system.

ACC commissioner Jim Phillips’ message Tuesday: Give this model a chance to work.

“Without question, there’s still significant work to be done, but we must acknowledge that, collectively, we are truly in a better place and we have a responsibility to make it work in the future,” Phillips said at the start of his league’s football kickoff.

The questions have centered on whether collectives can continue paying players after the House settlement. Guidance from the College Sports Commission — the new enforcement arm that’s policing deals — suggested those deals aren’t what industry officials consider “legitimate NIL.” Even if the dispute doesn’t trigger more lawsuits, Phillips said Tuesday that the issue could go before a judge for interpretation.

In the meantime, Phillips said the goals of transparency and standardized rules are important to pursue as schools share up to $20.5 million directly with players. He said 15,519 players have registered for the clearinghouse, NIL Go, along with almost 2,000 agents. He also acknowledged the fact that schools have traditionally tried to skirt rules, which is why he’s emphasizing restraint.

“We can’t help ourselves sometimes,” Phillips said. “People know what the rules are relative to $20.5 (million). They know what legitimate NIL is. You can play in that gray area if you want, but all that does is undermine a new structure.

“We fought hard for the things I just mentioned, and we’d be well-served to just kind of relax and let this thing settle in.”

Phillips addressed several other topics Tuesday:

• He favors future College Football Playoff formats that guarantee spots for only the top five conference champions. The Big Ten has advocated for a model that tilts toward itself and the SEC with four bids for those leagues and two apiece for the ACC and Big 12.

Phillips did not address that idea specifically but stressed the “importance of coming together to find a solution that is truly best for all of college football.”

“I want to stay committed to access and fairness to all of college football, not only the ACC,” Phillips added later.

He said he’s open to expansion models that include five conference champions plus either nine or 11 at-large teams.

• The ACC has discussed moving from eight to nine conference games, like the SEC has considered for years. One league’s decision affects the other. Phillips said the ACC prefers eight league games so it can schedule marquee nonconference matchups, like this year’s slate (Clemson-LSU, Florida State-Alabama and North Carolina-TCU). The addition of a ninth conference game for either conference would jeopardize in-state, ACC-SEC rivalries like Florida-Florida State or Georgia-Georgia Tech.

“At the end of the day, I like where our league is,” Phillips said. “But we’ll adjust if we have to.”

• The conference will mandate player availability reports in football, basketball and baseball. The first football report must be submitted two days before a game, then one day before and on the day of. The ACC has not yet come up with a fine structure if coaches or schools are not forthcoming about injuries.

• The ACC will also start fining schools for field/court stormings after games if visiting teams and officials haven’t yet left the area: $50,000 for the first offense, $100,000 for the second and $200,000 for the third. Those fines accumulate over two years.

Also on Tuesday, ESPN announced that it hired former Florida State coach Jimbo Fisher as an analyst for the ACC Network. Fisher led the Seminoles to conference titles from 2012 to 2014 and the national championship in 2013. He left for Texas A&M near the end of the 2017 season.

(Photo: Jim Dedmon / Imagn Images)



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Men’s Soccer Releases 2025 Slate

CHAPEL HILL, N.C. — Entering year 15 under the direction of head coach Carlos Somoano, the North Carolina men’s soccer program has released its schedule for the upcoming fall season. The schedule features 16 regular-season contests with 10 matches played at Dorrance Field. The 2025 slate includes five teams that finished in the top 25 […]

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CHAPEL HILL, N.C. — Entering year 15 under the direction of head coach Carlos Somoano, the North Carolina men’s soccer program has released its schedule for the upcoming fall season.

The schedule features 16 regular-season contests with 10 matches played at Dorrance Field.

The 2025 slate includes five teams that finished in the top 25 of the final United Soccer Coaches poll last season, highlighted by home games against No. 5 SMU and No. 6 Wake Forest. Including those two, UNC’s opponents feature seven NCAA Tournament teams from a year ago.

Carolina’s schedule includes home Atlantic Coast Conference matches against Wake Forest (Sept. 12), SMU (Sept. 20), Virginia Tech (Oct. 19) and Duke (Oct. 31). The Tar Heels will hit the road against conference foes NC State (Sept. 5), Virginia (Sept. 27), Louisville (Oct. 3) and Syracuse (Oct. 25).

The Tar Heels open the regular season on Aug. 21, hosting UCF, and wrap up the weekend against Seattle (Aug. 24). The following weekend, the program welcomes Evansville (Aug. 28) to Dorrance Field before hitting the road to Charleston (Sept. 1).

Carolina will also face Memphis (Sept. 16), Lipscomb (Oct. 7), and St. Thomas (Oct. 11) at Dorrance Field, rounding out non-conference play by hosting UAB (Oct. 15).

Prior to the start of the regular season, UNC will head to Campbell for its first preseason test on Aug. 9. The Tar Heels will then host VCU on Aug. 15, for their final exhibition.

North Carolina produced a 9-4-5 (4-3-1 ACC) mark in 2024, advancing to the NCAA Tournament for the 31st time in program history.

Ticket information for the 2025 campaign will be available soon. For more information visit GoHeels.com/Tickets.

 



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Jim Phillips outlines vision for ACC’s future at 2025 Kickoff

(Photo: Matthew Chase, 247Sports)   Phillips emphasized the ACC’s leadership role in implementing the new College Sports Commission model, which governs NIL, revenue sharing and roster limits. While acknowledging early challenges, he remained optimistic. “We’re being thoughtful about every detail and are committed to progress through learning, adapting, and strengthening the model to support and […]

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(Photo: Matthew Chase, 247Sports)

 

Phillips emphasized the ACC’s leadership role in implementing the new College Sports Commission model, which governs NIL, revenue sharing and roster limits. While acknowledging early challenges, he remained optimistic.

“We’re being thoughtful about every detail and are committed to progress through learning, adapting, and strengthening the model to support and protect college sports for generations to come,” he said.

He also reiterated the ACC’s support of the SCORE Act, a federal bill designed to standardize NIL rules and reaffirm student-athletes’ non-employee status.

“I haven’t had one student-athlete come up to me to say that they want to be an employee,” Phillips said. “I think they appreciate being in college, going to school, working critically hard to earn a valuable degree, and playing a sport at the highest level.”



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South Carolina basketball commit joins Unrivaled NIL League with former Gamecock legends

South Carolina guard Ta’Niya Latson is the latest Gamecock making news off the court, as she has officially signed an NIL deal with Unrivaled, the women’s professional 3-on-3 basketball league founded by Napheesa Collier and Breanna Stewart. Latson is just one of 14 elite women’s college basketball players chosen by the league for NIL partnerships […]

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South Carolina guard Ta’Niya Latson is the latest Gamecock making news off the court, as she has officially signed an NIL deal with Unrivaled, the women’s professional 3-on-3 basketball league founded by Napheesa Collier and Breanna Stewart. Latson is just one of 14 elite women’s college basketball players chosen by the league for NIL partnerships as part of “The Future is Unrivaled Class of 2025”. The group was unveiled during the WNBA All-Star Weekend as Unrivaled ramps up for its second season this winter. The league operates during the WNBA offseason and offers an alternative to playing ball overseas, focusing on face-paced 3×3 matchups at a higher level, while still giving players a stage to shine on while staying stateside.

Latson is no stranger to the spotlight either. Before transferring to South Carolina from Florida State, she led the nation in scoring as a Seminole last season, averaging 25.5 points per game. She is also a projected first-round pick in the 2026 WNBA Draft. Latson also won’t be the only Gamecocks with ties to Unrivaled. Former South Carolina greats Allisha Gray and Aliyah Boston played in the league’s inaugural season, and MiLaysia Fulwiley, now an LSU Tiger, was also named to this year’s NIL class.

The full Unrivaled NIL roster includes Lauren Betts (UCLA), Sienna Betts (UCLA), Madison Booker (Texas), Audi Crooks (Iowa State), Azzi Fudd (UConn), MiLaysia Fulwiley (LSU), Hannah Hidalgo (Notre Dame), Flau’jae Johnson (LSU), Ta’Niya Latson (South Carolina), Olivia Miles (TCU), Kiki Rice (UCLA), Sarah Strong (UConn), Syla Swords (Michigan), and JuJu Watkins (USC).





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Texas A&M Student Athletes NIL Earnings Revealed

College athletics has been changed forever. The days of amateurism in college sports are officially in the rear-view mirror. The age-old debate of whether college athletes should receive compensation or not has been settled, and the results are rising to the surface.  In a recent open records request made by KBTX, Texas A&M athletes were […]

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College athletics has been changed forever. The days of amateurism in college sports are officially in the rear-view mirror.

The age-old debate of whether college athletes should receive compensation or not has been settled, and the results are rising to the surface. 

In a recent open records request made by KBTX, Texas A&M athletes were revealed to have banked $50.5 million in NIL deals from July 2, 2024, to July 1, 2025.

The jump from 2023-24 to 2024-25 was more than $31 million. The Aggies’ total compensation has more than doubled every year since the introduction of the NIL era in 2021. 

While the Aggies brought in a ton of money for themselves, who it is going to is very lopsided. $48.3 million went to the Fightin’ Farmers’ male athletes, whereas a mere $2.2 million was brought in by the female athletes. The men saw an increase of $29.4 million, or 156 percent, over the past year, while the women saw a 317 percent increase over the same time frame, starting to close the gap.

After the House Settlement was passed in June, the NCAA was ordered to pay former athletes for the organization’s violation of the Sherman Antitrust Laws and introduced a revenue-sharing agreement with its member schools. Each school will now lose $20.5 million in revenue that will be dispersed among their players. 

Texas A&M athletic director Trev Alberts announced the university’s plan to comply with the new ruling shortly after the decision was announced. The university is set to distribute $18 million across football, men’s and women’s basketball, baseball, softball and volleyball to be distributed to the athletes, on top of the NIL revenue they bring in. 

With the new costs, Alberts also announced a savings plan that includes budget cuts to sports teams, workforce “right-sizing” and decreased variable expenses tied to the numner of student athletes.

“… You first put as the North Star: ‘What is in the best long-term interest of Texas A&M and Texas A&M athletics?’ Period,” Alberts said in June. “This is not ‘What’s in the best interest of Trev Alberts or any other individual or organization.’ It has to be, ‘This is about Texas A&M.'”

Once the $18 million is distributed to the Aggies, they will really be rolling in the dough, especially if their NIL revenue continues to double and triple like it has over the past four years. 



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