Former college athletes are pursuing antitrust claims against the National Collegiate Athletic Association (NCAA) in Colorado, despite a significant settlement aimed at resolving such lawsuits. The NCAA and its Power Five conferences recently announced a nearly $2.8 billion settlement, which includes measures to start directly compensating college athletes and sharing sports revenues. This settlement intends to address claims in three pending antitrust suits, including one certified as a class action last year.
However, the settlement excludes a proposed class action in Colorado by former University of Colorado football player Alex Fontenot and former college women’s basketball player Mya Hollingshed. Their case challenges NCAA’s limits on compensating players, arguing these restrictions harm competition in the labor market for athletes’ services. Legal experts suggest that other plaintiffs, particularly those who have gone professional, may join the Colorado suit.
The certified class action case named after former Arizona State University swimmer Grant House primarily focuses on compensation for athletes’ names, images, and likenesses. A Colorado judge recently denied the NCAA’s request to transfer the suit to the Northern District of California, where other related cases are pending. It remains uncertain whether the NCAA can successfully argue that the Colorado claims should be covered by the proposed settlement.
The settlement’s monetary and structural changes are still subject to court approval, and several legal analysts have expressed skepticism about its sufficiency in addressing the broader issues of fairness in athlete compensation. Title IX implications further complicate the distribution of the proposed revenue-sharing model, raising questions about equitable pay between male and female athletes.
Additionally, the settlement might not shield the NCAA from continued litigation. According to some scholars, the NCAA’s approach to collectively deciding compensation amounts might still be regarded as a concerted restraint. Plaintiffs in the Colorado case are represented by Korein Tillery and Olson Grimsley Kawanabe Hinchcliff & Murray LLC, while the NCAA is represented by Wilkinson Stekloff LLP and King & Spalding LLP.
The Colorado case, Fontenot v. National Collegiate Athletic Association, D. Colo., No. 1:23-cv-03076, will be closely watched as it unfolds.