(11-05-2026 08:32 AM)Frank the Tank Wrote: I agree with this here.
There’s a high chance that the exact same antitrust issues that apply to the NCAA writ large will apply to any rules that the Big Ten, SEC, and other conferences try to impose on their own members. A conference isn’t a single entity, but rather multiple schools (AKA competitors) collectively agreeing together on rules. The conferences may try Plan B because they have no other option, but they’ll get dragged into court immediately and they know it. The lead attorney for the plaintiffs in the House case already sent a letter to the Big Ten that their new NIL rules would violate their settlement if the PCSA doesn’t pass. Even if the conferences ultimately win in court, that could take years to play out when these schools simply don’t have years to deal with this anymore.
Under the House settlement, 3rd Party NIL from associated entities is subject to additional scrutiny to ensure it is for a legitimate business purpose. 3rd Party NIL from non-associated entities must be reported, but is not scrutinized for business purposes. 3rd Party NIL is not capped, regardless whether the source is an associated entity or not.
Under the PCSA, and apparently the new Big Ten rules, 3rd Party NIL from associated entities is not scrutinized for a legitimate business purpose, but it subject to the expanded cap.
The plaintiff attorneys in the House settlement are able to monitor implementation, including to audit the books of the schools (The "revenue-sharing" cap is based on revenues reported by the schools). They also get a 1% royalty on school payments to players. If State or Tech are paying $21 million to players, the lawyers, including Jeffrey Kessler are getting $210,000 from the school (i.e. school pays out $21.210M).
Conceivably, schools could direct NIL spending to associated entities and avoid payments to Kessler, et al.
So Kessler is not making an antitrust argument, but rather that the Big Ten is trying to evade the settlement that they agreed to (The House Settlement is between the players (as represented by Kessler, et al), the NCAA, and the Big Ten, and the other P5 conferences).