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NCAA statement on respondents’ brief in Alston

“Respondents’ brief challenges an argument that the NCAA is not making, nor has ever made, namely that the NCAA seeks antitrust immunity. Indeed, the NCAA has always known that its rules are subject to antitrust review. But as Supreme Court precedent and other courts make clear, antitrust law allows the NCAA to shape rules to maintain a clear distinction between professional and collegiate sports.

“While respondents agree that the NCAA has the authority to continue shaping rules regarding benefits unrelated to academics, they fail to sufficiently justify why a federal judge should be able to micromanage a critical aspect of college sports. The so-called education-related benefits as described by respondents can fairly be characterized as thinly-disguised pay for play. We look forward to filing our reply in the coming weeks.”

– Donald Remy, NCAA chief legal officer