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10th Circuit Questions Players’ Antitrust Case in Wisne v. NCAA

A ruling will decide whether a district judge’s classwide order can restore a fifth season for excluded 2022 recruits or leave relief to scattered courts as Congress weighs antitrust immunity for the NCAA.

Overview

  • Federal judges heard oral arguments Tuesday in Wisne v. NCAA and repeatedly pressed plaintiffs on how they define the relevant market and will quantify economic harm for an antitrust claim.
  • A federal appeals panel put U.S. District Judge Charlotte N. Sweeney’s nationwide injunction on hold in August and will either reinstate that classwide relief or keep the stay while the case moves forward.
  • The NCAA argues that restoring eligibility for 2022 recruits would disrupt roster limits and displace current players and that the plaintiffs lack data tying rule changes to lost NIL or revenue-share income.
  • Plaintiffs contend the NCAA’s nonretroactive five-year rule unlawfully denied a fifth season to the high-school class of 2022 and that the loss cost players chances for more NIL deals, revenue sharing and development.
  • Parallel state rulings have split, so a 10th Circuit decision would bind courts in its six states but not nationwide, and passage of the Protect College Sports Act in the House could undercut antitrust challenges altogether.