Sources: NCAA in talks to settle NIL antitrust case
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Pete Thamel
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Dan Murphy
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Dan Murphy
ESPN Staff Writer
- Covers the Big Ten
- Joined ESPN.com in 2014
- Graduate of the University of Notre Dame
The leaders of college sports are involved in “deep discussions” to reach a legal settlement that would likely lay out the framework for sharing revenue with athletes in a future NCAA business model, sources told ESPN.
The NCAA and its power conferences are defendants in an antitrust class action lawsuit, House v. NCAA, which argues that the association is breaking federal law by placing any restrictions on how athletes make money from selling the rights to their name, image or likeness. The case is scheduled to go to court in January 2025. If the plaintiffs win at trial, the NCAA and its schools could be liable to pay more than $4 billion in damages, which has motivated many leaders across the industry to seek a settlement.
Sources indicated that a turning point in the discussions, which have been ongoing, came last week in the Dallas area, where the power conference commissioners, their general counsels, NCAA president Charlie Baker, NCAA lawyers and the plaintiffs’ attorneys met. (They chose the Dallas area because they were already there for the College Football Playoff meetings, which were held in that area last week.)
While sources stressed that no deal is imminent, details about what a multibillion-dollar settlement could look like are expected to be shared with campuses in the near future. There are myriad variables to get to the finish line and still some obstacles and objections at the campus level, but sources indicate that progress has ramped up in recent weeks.
A settlement would provide some legal relief for a college sports industry that’s been peppered by lawsuits. It could also serve as a keystone piece to formulating a more stable future. With the settlement expected to cost billions in back pay for former athletes, it would likely also require the NCAA and conferences to agree to a system for sharing more revenue with some of the players moving forward.
Sources indicated the top-end revenue share number per school — once it’s determined — would be in the neighborhood of $20 million annually, although that’s yet to be settled. Whatever number is set by the settlement, individual schools will be able to opt in to share revenue up to that number with their student athletes at their discretion. (They could choose to share less, but not more.)
Texas A&M athletic director Trev Alberts, for example, recently told the Bryan-College Station Eagle that schools could be adding $15 million to $20 million to their budgets annually for what he termed a “new expense category” in college athletics.
What’s uncertain, for now, are the mechanics of how this could work. Do the schools buy the NIL of their athletes? How would Title IX be impacted?
The House case is one of four active antitrust lawsuits, all of which serve as a threat to some part of the NCAA’s remaining caps on how athletes are paid. In three of those cases, including the House case, athletes are represented by veteran sports labor attorney Jeffrey Kessler.
Kessler did not respond to a request for comment Monday. His co-counsel, Steve Berman, told ESPN on Monday: “Judge Wilken has told us that she expected us to be discussing settlement given the lengthy litigation over the issues and the parties’ familiarities with the strengths and weaknesses on each side. We are simply following the judge’s instructions and have nothing to report other than that.”
In an interview with ESPN earlier this month, Kessler declined to comment on any possible negotiations but said he felt a settlement was the quickest route toward transforming college sports.
“I can’t guarantee this, but I think [the defendants’] lawyers have told them they’re in all likelihood going to lose,” Kessler said. “If they lose, the damages are going to be gigantic. Further, they’ve been told that it’s much better for them to be active participants in settling and deciding their future lives and fate than it is to let the court impose it on them.”
The House case includes two separate classes of plaintiffs. The damages class is composed of former college athletes from the past several years who argue the NCAA owes them back pay for the money they could have earned if they had been allowed to sign NIL deals prior to 2021. The injunctive class includes current college athletes, who argue that any of the existing restrictions on what types of NIL deals athletes can sign are also illegal.
In court testimony, economic experts hired by the plaintiffs argued that the damages class missed out on more than $1 billion in NIL opportunities in the years leading up to 2021. In antitrust cases, the court makes the defendant pay triple the amount of actual damages as punishment if it has violated the law — hence the estimated $4 billion price tag of a legal loss.
“If we settle for the injunction class, it will involve an agreement of what the future will look like,” Kessler said. “If we settle for the damages class, that’s basically money for the past.”
Another pending antitrust lawsuit, Carter v. NCAA, which was also filed by Kessler, argues that the NCAA should not be able to keep schools from paying players directly for their performance. While the cases do not need to be settled together, it’s likely that both sides would want to reach an agreement that is substantial enough to keep them from ending up back in court for the Carter case in the near future. Sources indicated to ESPN that schools would likely want protection from future litigation as part of a settlement in the House case.
In professional sports, revenue sharing deals are typically reached through a collective bargaining agreement. While that might also be the route for college sports if schools decide to share more with players, there is some precedent for working out the details of labor agreements within the settlement of a lawsuit. The NFL, for example, settled a case with Reggie White in 1993 that established the rules for free agency and salary caps for the league. One of the lawyers who represented White in that case was Kessler.
Along with the threat of antitrust lawsuits, the National Labor Relations Board is also reviewing a pair of cases that aim to classify college athletes as employees and allow them to unionize.
NCAA leaders have remained firmly opposed to athletes becoming employees. However, Baker — who took over as the association’s president last March — said he wants to find ways for some schools to provide more to their athletes. He proposed in December creating a new subdivision of the wealthiest teams that would be required to pay at least half their athletes a minimum of $30,000 per year.
“If you look at what Baker has been out there doing, he seems to be very aware,” Kessler told ESPN earlier this month. “Some of his proposals he’s made in December — I’m not say it’s what we’d settle for — but it’s certainly moving in the direction of proposing to give much more compensation to the athletes. That’s what we’re advocating.”
The NCAA has also attempted for the past several years to convince Congress to create new rules to help govern college sports. Among the items it would like to see in a federal law is a clause that specifies that college athletes aren’t employees. Congress has thus far made no demonstrable progress on a bill, but a significant settlement that shows a commitment to future revenue sharing in the House case could convince some lawmakers to provide help to the NCAA.
It all comes down to this. The Presidents’ Trophy-winning Winnipeg Jets host the St. Louis Blues in the 200th Game 7 in Stanley Cup playoffs history Sunday (7 p.m. ET, TBS).
One team will advance to the second round, while the other will get an early start to the offseason — and try to fix what went wrong.
For the Blues, this is the club’s 19th all-time Game 7, the most of any non-Original Six team. They have gone 10-8 in Games 7s, with the most recent one being the 2019 Stanley Cup Final against the Boston Bruins, which they won 4-1.
This version of the Jets has much less Game 7 history on which to draw; their only Game 7 was a second-round victory over the Nashville Predators in 2018.
Who wins this one? We’ve gathered the ESPN hockey family to identify the key players to watch in the contest — as well as their final score predictions.
Who is the one key player you’ll be watching in Jets-Blues?
Ryan S. Clark, NHL reporter: If he plays, it’s Mark Scheifele. The hit in Game 5 from Brayden Schenn and/or Radek Faksa generated quite a bit of conversation about what is arguably the most physically demanding series in the first round. Scheifele’s play this season and this series prior to the hit reinforces what makes him a legit top-line center in this league. We saw how the Jets maneuvered around his absence for the final two periods of Game 5, while Game 6 proved why they need contributions from everyone if he can’t go.
But again, that’s if Scheifele plays. He skated Saturday in a tracksuit, with Scott Arniel saying the center will be a game-time decision Sunday.
Arda Öcal, NHL broadcaster: Connor Hellebuyck is the obvious answer here for me because he’s been “Vezina” at home (especially Game 2) and “Vezina from Temu” on the road.
Hellebuyck has allowed four or more goals in seven straight road playoff games, which ties the second longest such streak in Stanley Cup playoff history. But Game 7 is at home. The pressure is on but he’s in comfortable confines, surrounded by a “Whiteout.” Which version of Hellebuyck do we get Sunday night?
Kristen Shilton, NHL reporter: Connor Hellebuyck, of course. Has there been a Jekyll/Hyde performance like this in recent years?
The Vezina finalist can play lights-out at home and like a fish out of water on the road. Does that trend continue in Game 7? What version of the goalie shows up for this one?
But as a bonus, I’ll toss Pavel Buchnevich into this equation. He’s been driving the Blues’ offense, and if Hellebuyck is on his A-game then St. Louis is going to need Buchnevich to channel his hat trick energy from Game 3 to help the Blues pull off a stunning road win.
Greg Wyshynski, NHL reporter: Jordan Binnington renewed his title as one of the NHL’s most clutch goaltenders with his 31-save performance in Team Canada’s 4 Nations Face-Off championship win over the U.S. — including six saves in overtime. He first earned it in 2019, backstopping the Blues to the Stanley Cup with Game 7 wins over Dallas and Boston.
Now he’s got a chance to reestablish those credentials.
Binnington had a 0.82 goals-against average and a .968 save percentage in those prior Game 7s. While Hellebuyck has been terrible in St. Louis, Binnington hasn’t been much better in Winnipeg, generating an .861 save percentage and a 3.44 goals-against average and giving up four goals in two of the three games. But as 4 Nations showed, Binnington can meet the moment. (Although this time, Kyle Connor will actually be in the lineup for the opposition. Not that we’re bitter or anything.)
The final score will be _____.
Clark: 4-3 Jets. There have been a few themes in this series. The first being that offense hasn’t been an issue — the teams have combined to score more than six goals in all but one game. The second is that the home team has won every game; I say that continues, and the Jets advance.
Öcal: 6-5 Jets. Hellebyuck doesn’t have his best game, but the Jets outscore that challenge, and Kyle Connor scores another third-period goal in this series to win it.
Shilton: 5-4 Jets. The Jets have been too good on home ice to let this one slip away. That’s not to say a St. Louis win would be surprising, but even if Hellebuyck is off, Winnipeg’s offense should be able to provide enough buffer that the Jets can squeak through with a narrow victory to advance.
Wyshynski: 5-3 Jets. The Jets would be toast if this game were played in St. Louis because it’s a demonstrable fact that Hellebuyck is a disaster on the road in the playoffs. He’s slightly below replacement at home in the postseason, but Winnipeg will take that considering his three removals on the road.
The Blues are first in the playoffs in 5-on-5 offense and goals-for percentage at home. But Winnipeg is second in both categories. Hellebuyck calms down, and the offense gets ratcheted up at home, especially now that Nikolaj Ehlers has a game under his belt, having not played since April 12 due to a foot injury.
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Ryan S. Clark
Many of Mikko Rantanen’s greatest moments have come in a Colorado Avalanche sweater. It’s just that the most defining moment of his career came at their expense.
It wasn’t enough that the Dallas Stars were trailing by two goals. It was also the fact that Rantanen scored a hat trick in a string of four unanswered goals that saw his current team, the host Stars, eliminate his old team, the Avalanche, in a 4-2 win Saturday in Game 7 of the Western Conference quarterfinals at the American Airlines Center.
“Obviously, the feeling was incredible to win a series,” Rantanen said in his postgame media availability. “This series was not exactly what I expected. I expected a seven-game series, even before Game 1. The ups and downs in the series. … Belief was there with the group the whole time. Obviously, I was able to make a pay to get the first one and the crowd started to roll.”
The Stars, attempting to reach the conference finals a third straight time, will advance to the semifinal round in which they will await the winner of series featuring the St. Louis Blues and Winnipeg Jets. That encounter will be decided Sunday in Game 7 in Winnipeg.
Soon, the Stars’ collective focus will shift to another Central Division foe. But for now? The attention before, during, and after the game, was on Rantanen.
Part of what made the Avalanche-Stars series arguably the most intriguing first-round series in either conference was the fact it placed two 100-point teams that are in championship window against each other. But, it also came with several subplots with the notable being the team that traded quite a bit to land Rantanen — with the hope he could win them a Stanley Cup now — needed him to defeat the team that he won a championship with back in 2022.
With one assist through the first four games, there was a discussion about if the Stars could manage to win with a sputtering Rantanen on top of the fact they were already without two of their best players in defenseman Miro Heiskanen and forward Jason Robertson.
Rantanen responded with a three-point performance in Game 5, and a four-point performance in Game 6 only to then have a hand in each goal on Saturday. His first goal came on the power-play with 12:12 remaining in the third period when he found enough space to fire a wrist shot that beat MacKenzie Blackwood.
Then came the game-tying goal and the significance it carried. The Stars went on the power play went Avalanche forward Jack Drury was called for holding. Drury part of the trade package the Carolina Hurricanes used to get Rantanen in late January before they would trade him to the Stars.
Drury’s penalty opened the door for Rantanen to score a game-tying goal that might be one of, if not, his signature salvo. Rantanen skated into the Avalanche zone in a 1-on-3 before he split two players before going around the net for a wrap-around goal that went off the skate of Samuel Girard with 6:14 left.
Three minutes later, the Stars received another power-play opportunity that saw Rantanen along with another former Avalanche forward in Matt Duchene work together to find Wyatt Johnston for the game-winning goal.
In the final minute, the Avalanche pulled Blackwood in the attempt to grab a late goal and force over time. Instead? Stars goaltender Jake Oettinger withstood a barrage that officially ended when Stars forward Tyler Seguin got the puck out of the zone only for Rantanen to skate in on an open net for the hat trick with three seconds left.
“I couldn’t care less who scored for them, I really couldn’t,” Avalanche captain and left winger Gabriel Landeskog said when asked about what it was like to watch Rantanen score a hat trick. “Mikko is one of my best friends and I love him, but I couldn’t care if he scored or if somebody else scored.”
For eight full seasons, Rantanen was part of a homegrown movement that saw the Avalanche go from finishing with what was then the worst record in the salary cap era back in 2016-17 to become a perennial favorite to win the Stanley Cup, which did they did in 2023, while also becoming a model for the need to build through the draft.
Building through stars such as Cale Makar, Nathan MacKinnon, Landeskog and Rantanen allowed the Avalanche to become a success. As did the moves they made to get other key figures like Valeri Nichushkin and Devon Toews.
Like all teams in a championship window, the Avs were facing the prospect of possibly making a difficult decision. They had yet to agree to a new contract with Rantanen, who was a pending unrestricted free agent. Then, came the blockbuster trade that few throughout the league saw coming.
The Avalanche traded Rantanen in a three-team trade that saw them get Martin Necas and Drury along with two draft picks. Rantanen’s time with the Carolina Hurricanes was limited to just two goals and six points in 13 games.
Despite the fact the Hurricanes are also among that cadre of championship contenders, Rantanen struggled to find cohesion in Raleigh. Rather than run the risk of watching leave for nothing in free agency, the Hurricanes put out feelers to a few teams with the Stars being one of them.
A long-time admirer of Rantanen, the Stars packaged two first-round picks, three second-round picks and former prized prospect Logan Stankoven to get Rantanen. They then signed him to an eight-year contract worth $12 million annually.
“It’s two things: It’s where our team’s at, and it’s Mikko Rantanen,” Stars general manager Jim Nill told ESPN back in March.
Rantanen finished the regular season with five goals and 18 points in 20 games prior to the showdown with his former team.
Not only did Rantanen’s hat trick condemn his former team to their second first-round exit since winning the Stanley Cup, but it continued a theme of former Avalanche eliminating their previous employers.
The Avalanche and Stars faced each other in last season’s Western Conference semifinal that saw Duchene, a former Colorado first-round pick, score the game-winning goal.
A year later, it was another former Avalanche first-round pick who delivered the devastating blow.
“It seems pretty fitting,” Johnston said about Rantanen. “Obviously, we want to win for each other and I think that goes a little extra when it’s a guy like that who is such a big part of our team and was there for a long time and everyone knows the trade that went on. It’s so awesome. We’re so happy as a group for him.”
As if Rantanen scoring a hat trick in a four-goal comeback wasn’t enough, there’s also the fact that this is now the ninth consecutive Game 7 that Stars coach Peter DeBoer has won his career.
DeBoer’s nine wins in Game 7s broke a tie with Darryl Sutter for the most in NHL history. It was also DeBoer’s third game 7 wins with the Stars.
“I felt something was going to happen,” DeBoer said. “But I could not have predicted that.”
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