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College Football’s Legal Crossroads: Two Escape Routes from the Antitrust Minefield

College football is no longer just adapting; it’s struggling to stay afloat amid a series of legal challenges that threaten to dismantle its very foundation. As lawsuits chip away at the NCAA’s authority and the old amateurism model crumbles under its contradictions, the sport finds itself at a crucial crossroads.

There are two distinct—but drastically different—paths forward:

1. Secure an antitrust exemption from Congress, or

2. Ditch the NCAA and establish a new governing body altogether.

Neither option is straightforward, and both carry inherent risks. With legal disputes surrounding Name, Image, and Likeness (NIL), employment rights, and revenue sharing accumulating like game footage in December, the time for indecision is running out.

Option 1: An Antitrust Exemption from Congress  

This represents the NCAA’s Hail Mary attempt—lobbying Congress to pass a law that shields college sports from antitrust lawsuits. Essentially, this would protect the NCAA from being sued over rules that limit player compensation, control the transfer portal, or cap the number of scholarships.

There is some precedent for this: Major League Baseball has a narrow exemption, and the NCAA has long sought similar treatment. However, lawmakers have been hesitant to grant it.

The Political Reality

Despite lobbying from Power Five commissioners and university presidents, the odds remain slim. Members of Congress from both parties are cautious about propping up a billion-dollar industry.

Even if an exemption were passed, it would likely come with conditions. Congress would almost certainly attach enforceable standards for athlete healthcare, education, and possibly a national NIL framework, which would likely result in additional restrictions.

Bottom Line  

An exemption could offer relief and legal clarity, but politically, it’s a tough sell.

Option 2: Breaking from the NCAA and Starting Over  

The more disruptive—and seemingly more viable—path is for major college football programs to leave the NCAA altogether. The Power Five (or a subset of it) could establish a new oversight organization, similar to a College Sports Super League, complete with its own leadership, rules, and contractual framework.

This separation would free the sport from the NCAA’s monopolistic control—the primary target of recent antitrust lawsuits—and enable direct negotiations with players within a professional or semi-professional framework.

What It Could Look Like  

– A commissioner-led model similar to the NFL or NBA.

– Formal contracts between schools and players.

– NIL, media rights, and transfer policies are governed by the league, rather than a confusing mix of state laws.

– Potential collective bargaining agreements with players, providing a legal safeguard against antitrust claims.

Why It’s Gaining Traction  

College football already operates with a degree of independence from the NCAA. It runs its own postseason (the College Football Playoff), negotiates separate TV deals, and generates most of the revenue for athletic departments. A clean break would relieve the legal burden of defending a failing amateur model and offer football the flexibility to modernize on its own terms.

Risks and Realities

Of course, breaking away wouldn’t be without challenges. Issues such as Title IX compliance, funding for non-revenue sports, and player unionization would still require attention. However, these challenges may be more manageable compared to the legal entanglements of remaining within the NCAA’s decaying framework.

If you’re assessing this situation, the smart bet is on a breakaway. Congress has shown little inclination to bail out the NCAA, and the lawsuits are not subsiding. Power programs are already acting like independent franchises—signing seven-figure NIL deals, recruiting players via the transfer portal, and constructing facilities that rival those of professional teams.

Now, it’s just a matter of taking the leap and walking away.

Conclusion: Time is Running Out  

The era of half-measures is over. The sport must either persuade Congress to grant a legal shield or accept the reality of its professionalization and break free from the legal burdens of the NCAA. One option would preserve the old system a little longer; the other would create a new one.

Regardless of your role—as a fan, coach, player, or attorney—one fact is clear: business as usual is over.

The only lingering question is: who will define the rules moving forward?

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