Edward C. O'BANNON, Jr., On Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellee,
v.
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, aka The NCAA, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Nathan Siegel , Patrick Kabat , Levine Sullivan Koch & Schulz, LLP, Washington, D.C., for Amici Curiae A & E Television Networks, LLC, ABC, Inc., CBS Corporation, Discovery Communications, LLC, Fox Broadcasting Company, National Public Radio, Inc., NBCUniversal Media, LLC, The Reporter's Committee for Freedom of the Press, and Turner Broadcasting System, Inc.
Martin Michaelson , William L. Monts III , Joel D. Buckman , Hogan Lovells U.S. LLP, Washington, D.C.; Ada Meloy, General Counsel, American Council on Education, Washington, D.C., for Amici Curiae American Council on Education, Association of Governing Boards of Universities and Colleges, and National Association of Independent Colleges and Universities.
Duncan W. Crabtree-Ireland , Danielle S. Van Lier , Screen Actors Guild-American Federation of Television and Radio Artists, Los Angeles, CA; Jonathan Faber , Luminary Group LLC, Shelbyville, IN, for Amici Curiae Screen Actors Guild-American Federation of Television & Radio Artists and Luminary Group LLC.
James B. Speta , Chicago, IL; Ernest A. Young , Apex, North Carolina, for Amici Curiae Intellectual Property and First Amendment Scholars.
Steven N. Williams , Adam J. Zapala , Cotchett, Pitre & McCarthy, LLP, Burlingame, CA, for Amici Curiae Economists and Professors of Sports Management.
Richard G. Johnson , Richard G. Johnson Co., L.P.A., Cleveland, OH, for Amicus Curiae Andrew A. Oliver.
David Martinez , Robins Kaplan LLP, Los Angeles, CA, for Amici Curiae Twenty-Six Scholars of Antitrust and Sports Law.
Partial Concurrence and Partial Dissent by Chief Judge THOMAS.
OPINION
BYBEE, Circuit Judge:
Section 1 of the Sherman Antitrust Act of 1890, 15 U.S.C. § 1, prohibits "[e]very contract, combination ..., or conspiracy, in restraint of trade or commerce." For more than a century, the National Collegiate Athletic Association (NCAA) has prescribed rules governing the eligibility of athletes at its...
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