The director has less than a day before she's fired. This, also, is just guidance, not a regulation.
I've read, the law will be written to allow the NCAA to restrict NIL to the nebulous "fair and reasonable" rather than anything goes. This will give fairly broad latitude to restrict "the market," so the contact would have to be sent to the NCAA and they would have the power to nullify it if they felt it was an obvious "overpayment/inducement." One proposal I have read is that collectives could be banned, thus forcing players agents to sign separate deals with individual companies rather than using the collectives as a type of clearing house as is current.
Reading what you have laid out, a nice write up. It has me wondering what or who constitutes "fair and reasonable"? Do they have to go back to Congress every year or two to massage the language? It just seems to me that it will come off as arbitrary and there will be good arguments against a ruling if they were to try and stop a contract. How would they determine the value of a contract for the school or the company wasn't fair or decide on the market value of the deal. When you look at what OSU has done this year with their roster, it looks like a pretty solid investment and good arguments could be made why making similar investments in the future are good for the overall well being of the OSU Athletics Department.
I dont believe an exemption that would effectively give the NCAA, a conference or a school, will ever stand judicial review. In reading up on it, Congress is giving the NCAA et al tho power of being judge, jury and executioner.
Thank you. It does seem arbitrary, which is not good long term. IMO, a rigid salary cap that kept pace with revenue inflation, would be preferable in order to reduce gray area. In fact, I would lean optimistic that our AD team would punch above their weight when it comes to money balling with equal bags vs regimes that have been used to being able to dramatically outspend their peers.
We will see, but they are essentially asking for the same anti-trust latitude that has already been given to every professional sports league with the feeling that if there is collective bargaining then the schools and their labor will set the market and if the schools refuse to pay what the players deem reasonable, then they strike/refuse to play. We call them kids, but they are adults, so it will be interesting to see this play out.
