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O’Bannon v. NCAA

Petition for certiorari denied on October 3, 2016

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Docket No. Op. Below Argument Opinion Vote Author Term
15-1167 9th Cir. N/A N/A N/A N/A OT 16

Issue: (1) Whether, in determining an appropriate remedy for a violation of Section 1 of the Sherman Act under the “Rule of Reason,” a court may treat the restraint itself – here, the agreement among the NCAA and its members prohibiting college athlete compensation, or what the NCAA calls “amateurism” – as a legitimate procompetitive effect: and (2) whether, after finding a violation of Section 1 of the Sherman Act under the Rule of Reason, a court is restricted to awarding relief that the plaintiff proves is “virtually as effective” as the restraint in serving its alleged purposes, “without significantly increased cost.”

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 14 2016Petition for a writ of certiorari filed. (Response due April 18, 2016)
Apr 13 2016Order extending time to file response to petition to and including May 18, 2016.
May 13 2016Brief of respondent National Collegiate Athletic Association in opposition filed.
May 26 2016Reply of petitioner Edward C. O'Bannon, Jr., Individually and on Behalf of All Others Similarly Situated filed. (Distributed)
May 31 2016DISTRIBUTED for Conference of June 16, 2016.
Jun 6 2016Rescheduled.
Jul 20 2016DISTRIBUTED for Conference of September 26, 2016.
Oct 3 2016Petition DENIED.