Former LSU General Counsel Winston DeCuir breaks down the shift in college sports governance and antitrust law. Recent Supreme Court rulings flipped decades of amateurism rules, forcing universities to construct a new financial model. From the landmark O’Bannon and Alston cases to the massive House settlement, college athletics has moved rapidly from restricted compensation toward direct revenue sharing.
The current system relies on three distinct funding sources for student-athletes: direct play pay, school revenue sharing, and private market NIL deals. Schools currently face a proposed 22% capped revenue share, yet NIL opportunities remain uncapped. This dynamic creates distinct operational pressures between Power Four institutions and smaller Sun Belt or mid-major programs.
As court challenges like Johnson v. NCAA question whether student-athletes qualify as employees, federal intervention through the SCORE Act seeks to establish regulated market standards. Understanding these legal structures is crucial for navigating the future of collegiate athletics.