States of Florida, New York, District of Columbia join Tennessee’s antitrust suit against NCAA

Caleb Jarreau, Sports Editor

May 1, 2024

James H. Quillen United States Courthouse following a preliminary injunction hearing between the state of Tennessee and the NCAA in Greeneville, Tennessee. Tuesday, Feb. 13, 2024.

The states of Florida, New York and the District of Columbia have joined Tennessee and Virginia as plaintiffs in the antitrust suit regarding name, image and likeness against the NCAA, according to court documents filed on Wednesday.

It is the first news in the case since a preliminary injunction was granted Friday, Feb. 23, by U.S. District Judge Clifton Corker in the Eastern Tennessee District. Corker found that irreparable harm was being done to student-athletes due to the current NCAA guidelines.

“We’re glad to keep fighting to protect student-athletes from illegal NCAA rules. I welcome the addition of our bipartisan partners to the case,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “The ultimate goal is to get the lawyers out of this and let student-athletes compete under fair and clear rules, but in the meantime, we’ll do our part to move things in the right direction.”

The decision freezes the current NIL guidelines and prompted a letter from NCAA President Charlie Baker which read that the NCAA will pause any ongoing NIL investigations as well as refuse to open new investigations.

The injunction, seen as a “win” for the state of Tennessee against the NCAA, likely prompted more states to want to jump on board in the antitrust suit.

It does not come as a surprise to see other states join in the antitrust suit. Skrmetti spoke with The Daily Beacon in February, bringing up the opportunities for other states to collaborate.

“There are opportunities there if other states want to come in,” Skrmetti said. “And I know this is an issue that states have been interested in broadly because we’ve seen a relatively large coalition in the transfer portal case which also brought in the U.S. Department of Justice. I know they’re concerned with some of the antitrust implications in college courts as well.”

In court documents filed Wednesday morning in the Eastern Tennessee District, the amended complaints add Florida, New York and the District of Columbia to the list.

The documents list Attorneys General Letitia James of New York, Ashley Moody of Florida and Brian L. Schwalb of the District of Columbia as joining in the suit.

“The States of Tennessee, Florida, New York, the District of Columbia, and the Commonwealth of Virginia bring this antitrust case against the National Collegiate Athletic Association,” the amended complaint reads. “The NCAA started enforcing rules that unfairly restrict how athletes can commercially use their name, image, and likeness (better known as ‘NIL’) at a critical juncture in the recruiting process.

“These anticompetitive restrictions violate the Sherman Act, harm the States’ economies and the welfare of their athletes, and should be declared unlawful and enjoined.”