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On Friday, a major shift occurred in college athletics as Judge Claudia Wilken approved the settlement of multiple antitrust class-action lawsuits. This settlement finally ends the NCAA’s and its member institutions’ long-standing practice of denying payment to college athletes. The agreement stipulates that athletes will receive a total of $2.8 billion in compensation for the past ten years and ensures ongoing payments moving forward.

This development, however, does not spell the end of the turbulence in college sports. The major athletic conferences have now established the College Sports Commission aimed at overseeing Name, Image, and Likeness (NIL) collectives. These collectives have often functioned as de facto pay-for-play schemes, raising new regulatory challenges.

One significant issue arises from any collective action by these independent schools; efforts that could limit athletes' earning potential might lead to new antitrust complications. While the settlement ostensibly resolves how schools will directly pay athletes, the question of NIL compensation stands apart and remains contentious. Given the principles of American free enterprise, it’s likely to remain a focal point of dispute.

Universities are now seeking to involve the federal government in mitigating this complexity. They aim to introduce legislation that would provide an antitrust exemption, offering them a lifeline in navigating the current chaos.

One long-term solution proposed is the creation of a nationwide union for college athletes. This union could effectively negotiate terms on significant issues such as compensation limits and transfer rights. Importantly, such a union might also advocate for protections to limit excessive practices and year-round training schedules, issues particularly impactful for student-athletes in comparison to their professional counterparts.