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Antitrust Keyed to Sullivan, 8th Ed.
O’Bannon v. National Collegiate Athletic Association
Citation:
802 F.3d 1049 (2015)Facts
In 2008, former UCLA basketball star Ed O’Bannon visited a friend’s house where he discovered his avatar in an EA Sports college basketball video game, complete with his physical likeness and jersey number 31. O’Bannon had never consented to this use nor received compensation. He subsequently filed suit in 2009 against the NCAA and Collegiate Licensing Company (CLC), alleging the NCAA’s amateurism rules constituted illegal restraint of trade under Section 1 of the Sherman Act. The case was consolidated with a similar suit by Sam Keller, former quarterback for Arizona State and Nebraska. After class certification, the plaintiffs settled with EA and CLC, and proceeded to a fourteen-day bench trial against the NCAA in June 2014. The NCAA’s rules prohibited student-athletes from receiving compensation beyond grants-in-aid (capped below the full cost of attendance) and barred any payment for NIL use, threatening loss of eligibility for violations.
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