While much attention this summer was paid to the NCAA's antitrust litigation regarding NIL compensation and the House settlement, other antitrust challenges to NCAA regulations are progressing across the country. In Brantmeier v. NCAA, the U.S. District Court for the Middle District of North Carolina certified an injunctive class and a damages class of student-athletes in their challenge to NCAA regulations specific to tennis that require them to forfeit prize money.
To remain NCAA-eligible prior to full-time collegiate enrollment, a student-athlete cannot accept more than $10,000 and the actual and necessary expenses for participation in events. After enrollment, a student-athlete may only accept prize money covering the actual and necessary expenses for participation in events.
The two Brantmeier plaintiffs challenge these regulations which required them to forfeit more than $100,000 in prize money earned prior to and during their collegiate careers. According to the plaintiffs, these regulations violate the Sherman Act's prohibition on agreements that unreasonably restrain trade. After an initial attempt to certify a class on behalf of all Division I athletes in "individual sports," the plaintiffs' amended complaint sought certification for a narrower injunctive and damages class.
Finding the plaintiffs met the requirements under Rule 23 of the Federal Rules of Civil Procedure for class certification (numerosity, commonality, typicality, and adequate representation), the district court certified two classes:
- Injunctive Class
The injunctive class consists of all persons who competed in Division I Tennis or were ineligible due to the NCAA regulations since March 19, 2020. This class will cover at least 12,000 student-athletes who have competed in Division I Tennis during this time period.
- Damages Class
The damages class consists of all persons who voluntarily forfeited prize money to remain NCAA-eligible since March 19, 2020. The plaintiffs claim this class covers more than 60 student-athletes during this time period.
As members of both classes, the district court certified the two plaintiffs as class representatives and their attorneys as class counsel.
In August, the parties submitted a proposed class notice to potential class members for a requested trial date in September 2026.
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