Antitrust Law and the NCAA: Examining the Current Climate

Education and Workforce MarkupsHouse Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust · March 11, 2025 · 119th Congress
The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust convened to examine whether Congress should grant the NCAA legal protections from antitrust litigation amid rulings like *Alston v. Begins at ▶ 0:04:36
Transcript
Highlights

Title

Antitrust liability, NCAA governance, and the House settlement

Purpose

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust convened to examine whether Congress should grant the NCAA legal protections from antitrust litigation amid rulings like *Alston v. NCAA* and the pending *House v. NCAA* settlement establishing revenue sharing with athletes. Witnesses representing an athletic director, two coaches, and a college-athlete advocacy group testified on name, image, and likeness (NIL) payments, the transfer portal, potential employee status for athletes, and the future of non-revenue and Olympic sports. Begins at▶ 0:04:36

Who spoke

• Chairman Scott Fitzgerald (R-WI)▶ 0:00:00: Opened by outlining how antitrust rulings and the House settlement are reshaping NCAA rules on NIL, transfers, and eligibility▶ 0:01:02, and framed the hearing as seeking answers rather than a predetermined outcome.

• Rep. Jerry Nadler (D-NY), Ranking Member▶ 0:05:07: Argued the NCAA, which generates nearly $1.3 billion a year, is seeking a "bailout" to roll back athlete gains▶ 0:05:37 and cited a joint players'-association statement warning against legislation that strips athletes' antitrust or labor rights▶ 0:09:08.

• Rep. Jim Jordan (R-OH), Chairman of the Full Committee▶ 0:13:10: Said Republicans have no predetermined outcome and noted most clips shown of college sports come from programs that lose money▶ 0:13:41; later pressed McIntosh on scholarship value versus "uncompensated labor" claims▶ 1:37:04.

• Chris McIntosh, Athletic Director, University of Wisconsin▶ 0:17:12: Testified Wisconsin supports nearly 800 athletes across 23 varsity sports, with 80% of revenue derived from football▶ 0:20:13; said the House settlement's revenue sharing is needed for stability▶ 0:21:14 and that employee status would jeopardize non-revenue sports▶ 0:48:34.

• Caryl Smith Gilbert, Director of Track and Field, University of Georgia▶ 0:22:15: Said 114 of 118 Team USA track athletes at the Paris Olympics came through the college system▶ 0:25:47; warned an employment model would be "devastating" for non-revenue sports and that unlimited transfers harm academic progress▶ 0:24:16▶ 0:42:28.

• Arthur Albiero, Head Swim and Dive Coach, University of Louisville▶ 0:27:20: Said a full scholarship's benefits can total over $100,000 annually▶ 0:29:21 and that employee classification would be "extremely detrimental" to Olympic sports, citing 78% of athletes who play outside football/basketball▶ 1:10:47▶ 0:31:52.

• Andrew Cooper, Executive Director, United College Athletes Association▶ 0:32:53: Called the NCAA a "monopoly" per *Alston*, citing top administrators' average $800,000 salaries in 2022▶ 0:33:53; opposed an antitrust exemption, said 12 women's basketball players in the Big Ten and SEC joined UCAA seeking a voice▶ 0:32:53, and described his advocacy following a teammate's suicide▶ 1:19:23.

• Rep. Jamie Raskin (D-MD), Ranking Member of Full Committee▶ 0:54:38: Argued the NCAA has "consistently failed" athletes, citing women players missing a month of classes for travel and being paid under $10/hour effectively▶ 0:56:08; noted 120 Division I basketball players seeking a seat at the table were rejected by Big Ten/SEC commissioners▶ 0:57:39.

• Rep. Harriet Hageman (R-WY)▶ 1:00:11: Asked McIntosh how transfer-portal changes pressure smaller-conference programs like Wyoming, citing the risk of losing a star recruit like Josh Allen▶ 1:02:12.

• Rep. Jimmy Gomez (D-CA)▶ 1:06:44: Described Cal State Fullerton's 1992 football and 2010 wrestling cuts affecting working-class students▶ 1:08:16, and asked all witnesses how employee status would affect Division II/III athletes▶ 1:09:47.

• Rep. Marie Gluesenkamp Perez (D-WA)▶ 1:12:20: Questioned McIntosh on whether cross-country travel for Olympic-sport athletes serves student welfare amid Pac-12 realignment▶ 1:13:20, and pressed Cooper on how compensation would be allocated between high-profile and non-revenue athletes▶ 1:15:21.

• Rep. Becca Balint (D-VT)▶ 1:17:52: Called it "fundamentally wrong" that the industry doesn't pay its workers▶ 1:18:53 and had Cooper describe rising college-athlete suicide rates tied to unenforced workload limits▶ 1:20:24; criticized the administration's dismantling of the NLRB and FTC▶ 1:22:25.

• Rep. John McGuire (R-VA)▶ 1:23:56: Asked Albiero whether employee status would force smaller schools like James Madison to cut sports such as swimming▶ 1:24:26, citing Cal Poly's recent swim program cut▶ 1:25:27.

• Rep. Jonathan Jackson (D-IL)▶ 1:29:30: Cited the NCAA's $1.28 billion 2023 revenue and a $1.45 million-salaried athletic director present in the room▶ 1:31:31; said Trump administration actions have weakened the NLRB and Title IX enforcement▶ 1:32:32.

• Rep. Timmons (R-NC) [via transcript, unnamed but addressed as such contextually] — *(no additional distinct speaker identified beyond those listed; role described where uncertain)*

• Rep. Russell Fry (R-SC)▶ 1:46:41: Argued student athletes themselves oppose the employee model▶ 1:46:41 and walked McIntosh through consequences of employee status — termination risk, new taxes, and workers' compensation liability▶ 1:47:12.

Key moments

• Cooper stated the NCAA has lost antitrust cases in court "at least four times" and cited Justice Kavanaugh's concurrence that the NCAA's business model "would be flatly illegal in almost any other industry in America"▶ 0:33:53▶ 0:42:59.

• McIntosh testified 80% of Wisconsin's athletic revenue comes from football, which funds all other sports, and confirmed Wisconsin could sustain its 23 sports under the House settlement▶ 0:20:13▶ 0:50:36.

• Smith Gilbert said 114 of 118 U.S. track athletes at the Paris Olympics developed through the college system, underscoring colleges' role as the de facto U.S. Olympic pipeline▶ 0:25:47.

• Cooper cited NCAA tax filings showing its top 16 administrators averaged over $800,000 in salary in 2022, contrasted with limited direct payments to athletes▶ 0:33:53.

• Nadler and Raskin both invoked a 2013 wrongful-death suit in which the NCAA stated it has no "legal duty to protect college athletes," and cited a GAO finding that only 7% of colleges comply with Title IX▶ 0:34:54▶ 0:46:11.

• Jordan and McIntosh discussed the scholarship's five-year value (~$125,000/year including tuition, room, board, tutoring) plus House settlement revenue sharing and NIL/collective payments, arguing against characterizing athlete compensation as "uncompensated labor"▶ 1:37:04▶ 1:38:04.

• Fry walked McIntosh through the practical effects of employee classification: potential termination after injury, new taxation of benefits, and state workers'-compensation exposure across roughly 800 Wisconsin athletes▶ 1:47:42▶ 1:50:14.

• Cooper disclosed an anonymous SEC athletic director's remark, "let's be honest, we're all money laundering," regarding NCAA nonprofit finances▶ 0:35:54.

• Jackson contrasted a $77.5 million buyout paid to former coach Jimbo Fisher with claims that the NCAA cannot afford to compensate athletes▶ 1:42:08.

• Balint noted college-athlete suicide rates have doubled over 20 years, which Cooper linked to unenforced workload limits (some athletes reportedly working 50–70 hours per week)▶ 1:20:24.

Metadata

CommitteeHouse Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust
Chamber / CongressHouse · 119th Congress
DateMarch 11, 2025
TypeHearing
Witnesses
Mr. Andrew Cooper — Executive Director, United College Athletes Association (UCAA)
Mr. Chris McIntosh — Director of Athletics, University of Wisconsin
Ms. Caryl Smith Gilbert — Director, Men's and Women's Track and Field
Mr. Arthur Albiero — Head Coach, Swim and Dive Program
Videoyoutube
Transcript225 caption blocks · 18,051 words · 1:53:24 runtime
EventCongress.gov 117995