Facing the potential of a ruinous $20B decision against them in the
House v. NCAA antitrust lawsuit, the NCAA and the major conferences are
coming to a settlement that will see college athletes recieve revenue sharing, as well as former athletes being eligible to recieve damages for payments wrongly withheld.
This is a culmination of over a decade of litigation over the antitrust violations in college athletics, starting with
O'Bannon establishing that players' NIL rights had value, followed by
the Alston ruling definitively laying out that the NCAA did not have an antitrust exemption, opening the door for the
House class action lawsuit - and the way the NCAA's arguments went over like lead balloons at those hearings has pushed them to the settlement table.
Further emphasizing the losses in courts of law are the two injunctions the NCAA has had placed on their policies: first, they were
enjoined over limiting transfers through the transfer portal, then an attempt to sanction Tennessee over NIL payments resulted in the Tennessee and Virginia AGs suing, resulting in
an injunction on the NCAA's NIL rules. In addition, Dartmouth men's basketball players won a major win for labor with the regional NLRB ruling that they are in fact employees, leading them to
pursue unionization, which
the school is fighting. In addition (and likely to the death of OJ Simpson bringing new scrutiny to the decision) the Heisman Trust has
reinstated Reggie Bush as the 2005 Heisman winner, further weakening the NCAA's position.
It is in that context that the NCAA is coming to the negotiating table - having lost over and over, they are staring down a loss that would end the organization. And there's still a chance the cart gets upset - while the lion's share of the damages are due to the behavior of the major conferences, it's the non-majors who are being told to
pay the majority of the settlement, which they are pushing back on.