"Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate," Kavanaugh wrote. "And under ordinary principles of antitrust law, it is not evident why college sports should be any different.
"The NCAA is not above the law."
Kavanaugh's opinion tears into the NCAA's assertion that amateurism is, as he wrote, "the defining feature of college sports." Such "innocuous labels," as Kavanaugh called them, "cannot disguise the reality: The NCAA’s business model would be flatly illegal in almost any other industry in America."
He continued:
"All of the restaurants in a region cannot come together to cut cooks’ wages on the theory that 'customers prefer' to eat food from low-paid cooks. Law firms cannot conspire to cabin lawyers’ salaries in the name of providing legal services out of a 'love of the law.' Hospitals cannot agree to cap nurses’ income in order to create a 'purer' form of helping the sick. News organizations cannot join forces to curtail pay to reporters to preserve a 'tradition' of public-minded journalism. Movie studios cannot collude to slash benefits to camera crews to kindle a 'spirit of amateurism” in Hollywood.
"Price-fixing labor is price-fixing labor. And price-fixing labor is ordinarily a textbook antitrust problem because it extinguishes the free market in which individuals can otherwise obtain fair compensation for their work."