Will Recent Developments to the NCAA’s Athlete Transfer and Eligibility Rules Trigger a Change in Litigation Strategies and Antitrust Scrutiny

Short summary

NCAA eligibility restrictions face growing antitrust challenges as courts affirm athletes can earn NIL compensation. Recent litigation using preliminary injunctions has forced the NCAA to justify eligibility limits as procompetitive. Proposed 'Five-for-Five' rule and bipartisan legislation (S.4668) will reshape transfer and eligibility policies with limited antitrust protections for NCAA.

• •Courts consistently rule NCAA eligibility restrictions conflict with antitrust law when they limit athlete earning opportunities
• •Athletes use preliminary injunction strategy to compete while cases proceed, often mooting the full litigation
• •New legislation and executive orders propose standardized five-year eligibility with limited NCAA antitrust immunity

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