NIL Antitrust Litigation

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student-athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.


In this installment, Troutman Pepper attorneys Cal Stein, Chris Brolley, Brett Broczkowski, and Connor DeFilippis, discuss the pending NIL antitrust case, In re College Athlete NIL Litigation.


Specific topics include:

• Overview of the current In re College Athlete NIL Litigation (2:57);
• Characteristics of the different classes of student-athletes (7:18);
• Categories of damages: video game revenue, broadcast revenue, lost third-party NIL revenue (13:08);
• Court’s class certification analysis: whether class issues “predominate” (15:12); and
• Practical impact of the court granting class certification (25:15).