Ninth Circuit Holds NCAA Subject to Antitrust Scrutiny, but Vacates Injunction Allowing Deferred Compensation To College Athletes

By Benjamin A. Tulis and Gregg E. Clifton, of Jackson Lewis   The U.S. Ninth Circuit Court of Appeals has affirmed in part and reversed in part District Court Judge Claudia Wilken’s August 2014 decision in the O’Bannon v. NCAA. No. 14-16601 (9th Cir. Sept. 30, 2015). The Appeals Court found the NCAA’s compensation rules restricting payment to collegiate athletes violated antitrust laws, but found Judge Wilken decision erroneously allowed college athletes to be paid up to $5,000 per ye