Antitrust Column & Publications

Prohibitions on Paying College Athletes For Use of Images in Video Games

Date: 10/29/15

Source: The New York Law Journal. Reprinted with permission.

The U.S. Court of Appeals for the Ninth Circuit decided that rules prohibiting student-athletes from being paid for the use of their names, images and likenesses in video games did not violate antitrust law because the amateur nature of collegiate sports increases their appeal to consumers, but schools must be permitted to provide scholarships to student athletes up to the full cost of attendance. A district court ruled that patent infringement settlement agreements between a brandname drug-maker and generic rivals were not anticompetitive without a large unjustified reverse payment.

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