In Board of Regents of University of Oklahoma v. National Collegiate Athletic Association, the Tenth Circuit Court of Appeals affirmed a lower court ruling that invalidated regulation of college football television contracts by the National Collegiate Athletic Association (NCAA). This decision left colleges and universities free to contract for the sale of broadcast rights to their football games. The United States District Court for the Western District of Oklahoma held that the NCAA television foot- ball plan and network contracts constituted an illegal price-fixing agreement and thus were per se violations of section 1 of the Sherman Anti-Trust Act. The Tenth Circuit Court of Appeals affirmed the holding that the NCAA regulations were illegal per se and, under the rule of reason analysis of the Sherman Anti-Trust Act, also found the regulations to be unreasonably restrictive of competitive conditions.
Robert M. Pfeifer,
Board of Regents of University of Oklahoma v. National Collegiate Athletic Association, Application of the Per Se Rule to Price-Fixing Agreements,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol18/iss1/9