aiawvs. ncaa

11
Legal Brief #1 Tom Barbone

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Page 1: AIAWvs. NCAA

Legal Brief #1

Tom Barbone

Page 2: AIAWvs. NCAA

Case 83-1342

Association for Intercollegiate Athletics for Women (P)

Vs.National Collegiate Athletic Association (D)

Page 3: AIAWvs. NCAA

Antitrust

Page 4: AIAWvs. NCAA

Sherman Act

Page 5: AIAWvs. NCAA

CIAW

• Commission on Intercollegiate Athletics for Women

• 1981-1982 NCAA introduced 27 national championships

Page 6: AIAWvs. NCAA
Page 7: AIAWvs. NCAA

NCAA’s Contested Conduct• Single flat fee to enter women's athletics• Guaranteed transportation and per diem for

championships• Financial incentives to enter female teams• Packaged women's basketball championship

Page 8: AIAWvs. NCAA

District Court Decision

• Noncommercial dimension therefore not subject to liability from conduct alone

• NCAA not trying to start a monopolyAnalysis

• The district found that the NCAA has not attempted to gain a monopoly

• AIAW showed that the NCAA’s takeover was a likelihood

Page 9: AIAWvs. NCAA

Analysis cont.

• The courts viewed NCAA’s objective was not to takeover women’s athletics

• The NCAA did not use their new power to leverage more money out of schools

• Could not be ruled anticompetitive• Did not violate any of the three sections of the

Sherman act