The Major League Baseball Players Association (MLBPA), Major League Soccer Players Association (MLSPA), National Basketball Players Association (NBPA), National Football League Players Association (NFLPA), and National Hockey League Players Association (NHLPA) have voiced their opposition to an antitrust exemption or liability shield in college sports. These associations, which represent players in the five major professional sports in the U.S., are governed by executive boards elected directly by the players.
The landscape of college athletics has changed significantly due to legal challenges against the NCAA. The 2021 Supreme Court decision in NCAA v. Alston determined that the NCAA is subject to antitrust laws. Additionally, a recent settlement ensures athletes will receive revenue sharing for their Name, Image, and Likeness (NIL).
As many current college athletes may become future members of these associations, they have expressed a vested interest in protecting these athletes now. As the Energy and Commerce Committee considers the Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act, the associations urge committee members to reject any antitrust exemption or legal liability shield related to college athletics.
“Whatever progress the athletes have made has been a result of their use of the antitrust laws,” they stated. They argue that granting an antitrust exemption would allow “the organization and schools to collude and work against student athletes.” They further noted that historically, such exemptions have been used to set prices, limit wages, and restrict access while shielding abuse from legal recourse.
The statement also highlighted that only two industries—railroads and Major League Baseball—have partial antitrust exemptions in the United States. They stressed that “the federal government has multiple agencies dedicated to preventing monopoly power,” arguing that “the NCAA should not have a blank check” over college athletes’ financial futures.
