NIL contract structure

[Golfprovol]

We reviewed college athlete contracts -- here's how performance adjustments, buyouts and bowl incentives work

College athletes are getting paid; here's exactly what that looks like

www.cbssports.com

 

[S.C. OrangeMan]

We reviewed college athlete contracts -- here's how performance adjustments, buyouts and bowl incentives work

College athletes are getting paid; here's exactly what that looks like

www.cbssports.com

That begs a question

Is it legal for a government entity (university) to compete with a private business, and essentially drive them out of the market?

 

[Golfprovol]

That begs a question

Is it legal for a government entity (university) to compete with a private business, and essentially drive them out of the market?

No idea....

 

[The Original Fade]

That begs a question

Is it legal for a government entity (university) to compete with a private business, and essentially drive them out of the market?

Technically the postal service competes with UPS and FedEx

Medicare competes somewhat with private insurance so yes govt entities compete with private sector. Drive them out? The govt is usually a model of inefficiency so not really

 

[SayUWantAreVOLution]

We reviewed college athlete contracts -- here's how performance adjustments, buyouts and bowl incentives work

College athletes are getting paid; here's exactly what that looks like

www.cbssports.com

Nice info, but these appear to be EMPLOYEE contracts.

The very next step is for the players to organize to negotiate more compensation and better working conditions as other pro athletes and contract employees often do. Though the schools may be signing the contracts, if the NCAA is setting the "most you can compensate" limit the NCAA is a "joint employer" who will have to negotiate that "salary cap" like the NFL, NBA, etc.

I get that the House settlement is going to save the NCAA and schools a lot of money in lawsuits for "back pay" for illegally restricting NIL for many years but I can't imagine these contracts lead to anything but a very quick transition to the pro sports model.

For good or for bad, if House is approved (and I'm doubtful without some way built in for athletes to negotiate "the cap") we'll be watching pro ball in Neyland, sadly.

 

[S.C. OrangeMan]

Technically the postal service competes with UPS and FedEx

Medicare competes somewhat with private insurance so yes govt entities compete with private sector. Drive them out? The govt is usually a model of inefficiency so not really

However, those things are not mandated by a private organization like the NCAA that may not have the legal authority to force that on the 3rd party private side of the equation.

 

[S.C. OrangeMan]

Nice info, but these appear to be EMPLOYEE contracts.

The very next step is for the players to organize to negotiate more compensation and better working conditions as other pro athletes and contract employees often do. Though the schools may be signing the contracts, if the NCAA is setting the "most you can compensate" limit the NCAA is a "joint employer" who will have to negotiate that "salary cap" like the NFL, NBA, etc.

I get that the House settlement is going to save the NCAA and schools a lot of money in lawsuits for "back pay" for illegally restricting NIL for many years but I can't imagine these contracts lead to anything but a very quick transition to the pro sports model.

For good or for bad, if House is approved (and I'm doubtful without some way built in for athletes to negotiate "the cap") we'll be watching pro ball in Neyland, sadly.

The only thing for certain is that the litigation has barely begun.

 

[Vol8188]

That begs a question

Is it legal for a government entity (university) to compete with a private business, and essentially drive them out of the market?

You’ve lost me. Who is in competition? Do you mean the collectives and the universities?

To me it would seem they’re working together

 

[S.C. OrangeMan]

You’ve lost me. Who is in competition? Do you mean the collectives and the universities?

To me it would seem they’re working together

The proposed settlement in the House case, if carried out, will put university based NIL in direct competition with private NIL collectives, booster clubs, and individual boosters.

Given that most of the P4 schools are public universities, that seems to be putting them in direct competition with the private sector. It also is explicitly anti competitive, as it seems to drive private NIL entities out of the market.

That sounds like another Sherman Antitrust Act violation to me. It also conflicts with the injunction in the Tennessee vs NCAA case.

No litigation, no litigation, mo kitigation.

 

[Vol8188]

The proposed settlement in the House case, if carried out, will put university based NIL in direct competition with private NIL collectives, booster clubs, and individual boosters.

Given that most of the P4 schools are public universities, that seems to be putting them in direct competition with the private sector. It also is explicitly anti competitive, as it seems to drive private NIL entities out of the market.

That sounds like another Sherman Antitrust Act violation to me. It also conflicts with the injunction in the Tennessee vs NCAA case.

No litigation, no litigation, mo kitigation.

How is it direct competition? That’s where you’re losing me. The Chiefs aren’t competing with State Farm. Sypre isn’t competing with UT.

That’s what I’m confused about.

 

[S.C. OrangeMan]

How is it direct competition? That’s where you’re losing me. The Chiefs aren’t competing with State Farm. Sypre isn’t competing with UT.

That’s what I’m confused about.

If the NCAA gets what they want, they schools' NIL in direct competition with Spyre and other private NIL sponsors.