aiawvs. ncaa

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Legal Brief #1

Tom Barbone

Case 83-1342

Association for Intercollegiate Athletics for Women (P)

Vs.National Collegiate Athletic Association (D)

Antitrust

Sherman Act

CIAW

• Commission on Intercollegiate Athletics for Women

• 1981-1982 NCAA introduced 27 national championships

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

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

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

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