Will an antitrust settlement actually settle college sports? Lots of questions remain
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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 NCAA board of governors and several power conferences have scheduled meetings for next week to vote on a proposed settlement of antitrust lawsuits that would reset the framework for the business of major college sports.
While sources indicate broad support for moving forward with the industry-shifting settlement, athletic department and university administrators are also worried about how effective the negotiated terms will be in creating a stable system. With formal decisions just days away, the chief concern of an industry on the precipice of a historic step is a simple one: Will these settlements actually settle the college sports landscape?
To settle the looming House v. NCAA lawsuit as well as at least two other major federal antitrust claims, multiple sources say the NCAA would pay more than $2.7 billion in damages to past athletes over the next decade. Power conferences would agree to a future system for schools directly sharing revenue with athletes, a permissive choice that’s projected to be in the neighborhood of $20 million per year for each school.
The settlement looms as a quintessential conflicted college sports moment — a bold step with an undercurrent of uncertainty and the new backbone of a multibillion-dollar industry that will forge ahead without key details determined.
Sources told ESPN it would take a minimum of six months, and likely longer, to hash out the unsettled details. Revenue sharing with players is not expected to begin until fall 2025 at the earliest.
“It’s not uncommon that in order to get something across the finish line, you have to agree to leave a whole lot of things unresolved,” an industry source said. “I think the settlement is a good thing, but there are implementation issues that are really significant.”
The list of lingering uncertainties is a long one, including Title IX ambiguity, lack of direction on revenue sharing, the future role of booster collectives and the potential for rosters to be radically reshaped.
At the top of the list of those significant question marks is a concern that the terms of the settlement won’t be sufficient to fend off future legal claims that the NCAA and its schools are violating the law by placing any caps on the way schools can compensate players.
Steve Berman, co-lead counsel for the plaintiffs in the House case, said he believes he has devised a mechanism to solve this issue. Berman has proposed that future athletes — not part of the current class-action lawsuit — would be added to the class on an annual basis. They’d receive an opportunity to opt out of the class or object to the terms of the settlement.
This plan would not give the NCAA legal protection from future antitrust lawsuits, but it would make it much harder to create a large class of athletes suing the NCAA or its schools in the future. The potential financial damages for a case with one or few athletes as plaintiffs would be much smaller, and it would be much less appealing for a future lawyer to dedicate the time and resources to fighting a case that could take years to reach a conclusion.
“What plaintiff lawyer would take that case on behalf of one student?” Berman told ESPN. “It’s unlikely [a future student would sue] because these students are going to get a lot of money, and that lawyer would have to challenge an approved settlement agreement.”
Administrators are right to be cautious about Berman’s proposal, says Marc Edelman, a sports antitrust expert and law professor at Baruch College’s Zicklin School of Business.
Both Edelman and Berman compared the proposed solution to how the NFL handled a labor dispute in the early 1990s in a case called White v. NFL. Edelman, however, said a key difference in that case is that the NFL players agreed to recertify a previously existing players’ union as part of the settlement. Negotiating revenue-share terms with a players’ union — which does not currently exist in college sports — provided the NFL with protection from antitrust claims.
Edelman said it’s possible a judge would not approve a settlement that intentionally creates high barriers for future athletes to file lawsuits.
“If I were a judge, there are aspects of this settlement the way that it’s been reported that would be very concerning,” Edelman said. “…It may make a judge feel that this case moving forward does little if anything to obviate concerns about collusive behavior.”
Berman disagreed, saying the terms are fair to athletes because they can opt out of the settlement.
In addition to lawsuits brought by plaintiff attorneys, the NCAA is also currently being sued by multiple state-elected attorneys general. Settling the House case would not eliminate those threats, which are less dependent on providing lawyers with a financial incentive to pursue action against the NCAA.
Some college sports leaders say they are hoping a settlement that includes significant revenue-sharing money in the future will be enough of a show of good faith that Congress will provide them with an extra layer of antitrust protection to preserve parts of the college sports system. The NCAA and its conferences have been lobbying on Capitol Hill for a bill that would eliminate the threat of future lawsuits — including those that come from state attorneys general — for several years without making much progress.
Multiple sources — in the House and Senate and on either side of the political aisle — have told ESPN in the past week that a settlement this year is unlikely to spur any immediate action from Congress.
“We have to see what those details are,” said Rep. Lori Trahan (D-Mass.), who has introduced multiple bills related to college sports in the past two years. “I’m skeptical, particularly in an election year; it’s just not the highest priority right now.”
Trahan — a former college volleyball player — said she is also skeptical of the motives of college sports officials who have told her they want an antitrust exemption to protect opportunities for women’s sports. She said after receiving those visits, she and her staff often check to see whether the school is currently compliant with Title IX laws that require equal opportunities in sports for men and women. She said she finds they are not complying with the law “a lot, more than I care to admit.”
College sports leaders are also uncertain about how Title IX rules could apply to the future revenue-sharing dollars. The terms of the House settlement do not include any detail about how schools would be required to divide that money, according to multiple sources. The NCAA and its leaders will not have clear answers on their Title IX obligations before voting on the proposed terms of a settlement next week.
And even once the settlement is approved, it appears to set up a landscape that remains unsettled.
Each of the teams in the Eastern Conference playoff mix has 15 to 17 games remaining in the regular season.
Three teams in the Atlantic Division have all but clinched their spots — the Florida Panthers, Toronto Maple Leafs and Tampa Bay Lightning — and two from the Metro are essentially shoo-ins, the Washington Capitals and Carolina Hurricanes. The New Jersey Devils are knocking on that door, and a current three-game winning streak certainly helps.
The Ottawa Senators have opened up a nice gap as the first wild card, with 75 points and 26 regulation wins in 65 games. Beyond them, things get interesting.
The Columbus Blue Jackets technically are in the second wild-card spot thanks to getting to 70 points in fewer games played (65) than the New York Rangers (66). The Montreal Canadiens (69 points) are right behind them, followed by the Detroit Red Wings and Boston Bruins, both with 68 points.
If it comes down to the regulation-wins tiebreaker at season’s end, the Rangers have an upper hand over all the rest, with 29 in that column, compared with 23 for the Jackets, Red Wings and Bruins, and just 22 for the Habs.
Four of the five teams are in action Saturday:
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The Bruins host the Lightning at 7 p.m. (ESPN+)
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The Canadiens host the Panthers also at 7 p.m. (NHL Network)
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The Blue Jackets face the visiting Rangers also at 7 p.m. (ESPN+)
And if they have their sights set on catching the Senators, these clubs are all rooting for the Maple Leafs, who host Ottawa (7 p.m., ESPN+). It’s a great night for multiple streaming devices!
There is a lot of runway left until April 17, the final day of the regular season, and we’ll help you track it all with the NHL playoff watch. As we traverse the final stretch, we’ll provide details on all the playoff races, along with the teams jockeying for position in the 2025 NHL draft lottery.
Note: Playoff chances are via Stathletes.
Jump ahead:
Current playoff matchups
Today’s schedule
Yesterday’s scores
Expanded standings
Race for No. 1 pick
Current playoff matchups
Eastern Conference
A1 Florida Panthers vs. WC1 Ottawa Senators
A2 Toronto Maple Leafs vs. A3 Tampa Bay Lightning
M1 Washington Capitals vs. WC2 Columbus Blue Jackets
M2 Carolina Hurricanes vs. M3 New Jersey Devils
Western Conference
C1 Winnipeg Jets vs. WC2 Calgary Flames
C2 Dallas Stars vs. C3 Colorado Avalanche
P1 Vegas Golden Knights vs. WC1 Minnesota Wild
P2 Edmonton Oilers vs. P3 Los Angeles Kings
Saturday’s games
Note: All times ET. All games not on TNT or NHL Network are available to stream on ESPN+ (local blackout restrictions apply).
Vegas Golden Knights at Buffalo Sabres, 12:30 p.m.
New Jersey Devils at Pittsburgh Penguins, 3 p.m. (ABC/ESPN+)
Washington Capitals at San Jose Sharks, 5 p.m.
Tampa Bay Lightning at Boston Bruins, 7 p.m.
Ottawa Senators at Toronto Maple Leafs, 7 p.m.
Florida Panthers at Montreal Canadiens, 7 p.m. (NHLN)
Carolina Hurricanes at Philadelphia Flyers, 7 p.m.
New York Rangers at Columbus Blue Jackets, 7 p.m.
St. Louis Blues at Minnesota Wild, 8 p.m.
Nashville Predators at Los Angeles Kings, 8 p.m.
Chicago Blackhawks at Vancouver Canucks, 10 p.m.
Friday’s scoreboard
Carolina Hurricanes 4, Detroit Red Wings 2
Edmonton Oilers 2, New York Islanders 1 (OT)
Winnipeg Jets 4, Dallas Stars 1
Colorado Avalanche 4, Calgary Flames 2
Anaheim Ducks 2, Nashville Predators 1
Seattle Kraken 4, Utah Hockey Club 2
Expanded standings
Atlantic Division
Points: 85
Regulation wins: 35
Playoff position: A1
Games left: 16
Points pace: 105.6
Next game: @ MTL (Saturday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 81
Regulation wins: 31
Playoff position: A2
Games left: 17
Points pace: 102.2
Next game: vs. OTT (Saturday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 79
Regulation wins: 32
Playoff position: A3
Games left: 17
Points pace: 99.7
Next game: @ BOS (Saturday)
Playoff chances: 99.8%
Tragic number: N/A
Points: 75
Regulation wins: 26
Playoff position: WC1
Games left: 17
Points pace: 94.6
Next game: @ TOR (Saturday)
Playoff chances: 98.7%
Tragic number: N/A
Points: 69
Regulation wins: 22
Playoff position: N/A
Games left: 17
Points pace: 87.1
Next game: vs. FLA (Saturday)
Playoff chances: 10%
Tragic number: 34
Points: 68
Regulation wins: 23
Playoff position: N/A
Games left: 16
Points pace: 84.5
Next game: vs. VGK (Sunday)
Playoff chances: 11.1%
Tragic number: 31
Points: 68
Regulation wins: 23
Playoff position: N/A
Games left: 15
Points pace: 83.2
Next game: vs. TB (Saturday)
Playoff chances: 8%
Tragic number: 29
Points: 56
Regulation wins: 21
Playoff position: N/A
Games left: 18
Points pace: 71.8
Next game: vs. VGK (Saturday)
Playoff chances: ~0%
Tragic number: 23
Metro Division
Points: 94
Regulation wins: 36
Playoff position: M1
Games left: 16
Points pace: 116.8
Next game: @ SJ (Saturday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 84
Regulation wins: 35
Playoff position: M2
Games left: 16
Points pace: 104.4
Next game: @ PHI (Saturday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 78
Regulation wins: 32
Playoff position: M3
Games left: 15
Points pace: 95.5
Next game: @ PIT (Saturday)
Playoff chances: 97.1%
Tragic number: N/A
Points: 70
Regulation wins: 23
Playoff position: WC2
Games left: 17
Points pace: 88.3
Next game: vs. NYR (Saturday)
Playoff chances: 19.2%
Tragic number: N/A
Points: 70
Regulation wins: 29
Playoff position: N/A
Games left: 16
Points pace: 87.0
Next game: @ CBJ (Saturday)
Playoff chances: 41%
Tragic number: 33
Points: 66
Regulation wins: 23
Playoff position: N/A
Games left: 17
Points pace: 83.3
Next game: vs. FLA (Sunday)
Playoff chances: 12.7%
Tragic number: 31
Points: 64
Regulation wins: 17
Playoff position: N/A
Games left: 15
Points pace: 78.3
Next game: vs. CAR (Saturday)
Playoff chances: 1.7%
Tragic number: 25
Points: 64
Regulation wins: 18
Playoff position: N/A
Games left: 14
Points pace: 77.2
Next game: vs. NJ (Saturday)
Playoff chances: 0.6%
Tragic number: 23
Central Division
Points: 96
Regulation wins: 38
Playoff position: C1
Games left: 15
Points pace: 117.5
Next game: @ SEA (Sunday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 86
Regulation wins: 35
Playoff position: C2
Games left: 17
Points pace: 108.5
Next game: @ COL (Sunday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 83
Regulation wins: 35
Playoff position: C3
Games left: 15
Points pace: 101.6
Next game: vs. DAL (Sunday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 79
Regulation wins: 29
Playoff position: WC1
Games left: 16
Points pace: 98.2
Next game: vs. STL (Saturday)
Playoff chances: 94.6%
Tragic number: N/A
Points: 69
Regulation wins: 22
Playoff position: N/A
Games left: 16
Points pace: 85.7
Next game: @ MIN (Saturday)
Playoff chances: 22.7%
Tragic number: 31
Points: 69
Regulation wins: 21
Playoff position: N/A
Games left: 16
Points pace: 85.7
Next game: @ VAN (Sunday)
Playoff chances: 31.8%
Tragic number: 31
Points: 57
Regulation wins: 21
Playoff position: N/A
Games left: 17
Points pace: 71.9
Next game: @ LA (Saturday)
Playoff chances: 0.1%
Tragic number: 21
Points: 49
Regulation wins: 17
Playoff position: N/A
Games left: 16
Points pace: 60.9
Next game: @ VAN (Saturday)
Playoff chances: ~0%
Tragic number: 11
Pacific Division
Points: 85
Regulation wins: 36
Playoff position: P1
Games left: 17
Points pace: 107.2
Next game: @ BUF (Saturday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 80
Regulation wins: 27
Playoff position: P2
Games left: 16
Points pace: 99.4
Next game: @ NYR (Sunday)
Playoff chances: 99.4%
Tragic number: N/A
Points: 79
Regulation wins: 31
Playoff position: P3
Games left: 18
Points pace: 101.2
Next game: vs. NSH (Saturday)
Playoff chances: 99.4%
Tragic number: N/A
Points: 71
Regulation wins: 24
Playoff position: WC2
Games left: 17
Points pace: 89.6
Next game: @ TOR (Monday)
Playoff chances: 29.2%
Tragic number: N/A
Points: 71
Regulation wins: 23
Playoff position: N/A
Games left: 17
Points pace: 89.6
Next game: vs. CHI (Saturday)
Playoff chances: 22.9%
Tragic number: 35
Points: 65
Regulation wins: 21
Playoff position: N/A
Games left: 16
Points pace: 80.8
Next game: @ STL (Sunday)
Playoff chances: 0.1%
Tragic number: 27
Points: 62
Regulation wins: 23
Playoff position: N/A
Games left: 15
Points pace: 75.9
Next game: vs. WPG (Sunday)
Playoff chances: ~0%
Tragic number: 22
Points: 45
Regulation wins: 13
Playoff position: N/A
Games left: 15
Points pace: 55.1
Next game: vs. WSH (Saturday)
Playoff chances: ~0%
Tragic number: 5
Race for the No. 1 pick
The NHL uses a draft lottery to determine the order of the first round, so the team that finishes in last place is not guaranteed the No. 1 selection. As of 2021, a team can move up a maximum of 10 spots if it wins the lottery, so only 11 teams are eligible for the No. 1 pick. Full details on the process are here. Matthew Schaefer, a defenseman for the OHL’s Erie Otters, is No. 1 on the draft board.
Points: 45
Regulation wins: 13
Points: 49
Regulation wins: 17
Points: 56
Regulation wins: 21
Points: 57
Regulation wins: 21
Points: 62
Regulation wins: 23
Points: 64
Regulation wins: 17
Points: 64
Regulation wins: 18
Points: 65
Regulation wins: 21
Points: 66
Regulation wins: 23
Points: 68
Regulation wins: 23
Points: 68
Regulation wins: 23
Points: 69
Regulation wins: 21
Points: 69
Regulation wins: 22
Points: 69
Regulation wins: 22
Points: 70
Regulation wins: 29
Points: 71
Regulation wins: 23
The Texas Rangers‘ pitching staff took another hit Friday, when right-hander Jon Gray suffered a right wrist fracture.
Gray was struck by a line drive from Colorado Rockies first baseman Michael Toglia to lead off the fourth inning that knocked him out of the game.
“Not good news, not good news,” manager Bruce Bochy told reporters. “It’s terrible. I feel awful for him, to be this close to getting the season going. It’s just not good news. I’ll get back in there and find out more, but right now, there is a fracture.”
Gray’s injury is the third setback for the Rangers rotation this week. The team said Thursday that left-hander Cody Bradford would start the season on the injured list because of soreness in his throwing elbow. Tyler Mahle had been scratched from a start with forearm soreness, but the right-hander returned to pitch in a minor league game Thursday.
Gray went 5-6 with a 4.47 ERA in 23 appearances (19 starts) for the Rangers last season, when he was shut down in September for a foot injury that required surgery. He is in the final year of a four-year, $56 million deal.
Information from The Associated Press was used in this report.
TOKYO — Japanese star Shohei Ohtani showed off some prodigious power in his return to the Tokyo Dome on Saturday night.
In an exhibition game against the Yomiuri Giants, the three-time Most Valuable Player belted a long two-run homer to right field in the third inning to give the Dodgers a 4-0 lead, setting off a roar from the roughly 42,000 fans in attendance.
The Dodgers put on quite a power display in the third with Michael Conforto, Ohtani and Teoscar Hernández all going deep to give Los Angeles a 5-0 advantage.
The Dodgers are playing in Japan as part of the Tokyo Series. The team is playing two exhibition games against Japanese teams before starting the regular season with two games against the Chicago Cubs on Tuesday and Wednesday.
Ohtani became the first player in MLB history to have at least 50 homers and 50 stolen bases in one season in 2024. He played several seasons for the Nippon Ham Fighters in Japan before coming to the U.S. in 2018 with the Los Angeles Angels.
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