Tennessee, Virginia AGs suing NCAA over NIL-related recruiting rules with Vols under investigation

The attorneys general of Tennessee and Virginia filed an antitrust lawsuit against the NCAA on Wednesday that challenged its ban on the use of name, image and likeness compensation in the recruitment of college athletes, and in response to the association’s investigation of University of Tennessee. The lawsuit filed in the Eastern District of Tennessee seeks to undercut NCAA rules against recruiting inducements and claims the association is “enforcing rules that unfairly restrict how athletes can commercially use their name, image and likeness at a critical juncture in the recruiting calendar.” “These anticompetitive restrictions violate the Sherman Act, harm the States and the welfare of their athletes, and should be declared unlawful and enjoined.” Tennessee AG Jonathan Skrmetti and Virginia’s Jason Miyares followed up by asking the court for a temporary restraining order and preliminary injunction by Feb. 6 that would prohibit the NCAA from enforcing NIL recruiting rules while the lawsuit plays out. However, our membership has steadfastly supported the prohibition on impermissible recruiting contacts, booster involvement in recruiting prospects and the use of NIL offers as recruiting inducements.” The latest legal attack on the NCAA came a day after the University of Tennessee’s chancellor ripped the association for investigating the school for potential recruiting violations related to NIL deals struck between athletes and a booster-funded and run organization that provides Volunteers athletes a chance to cash in on their fame. The NCAA already is facing a lawsuit by a group of state attorneys general challenging the association’s transfer rules, plus it is the defendant in antitrust suits targeting employment status for athletes and billions in television revenue that schools and conferences make off big-time college sports. “The NCAA’s NIL-recruiting ban violates federal antitrust law, thwarts the free market, and unfairly limits student-athletes,” Miyares, the Virginia AG, wrote on social media.