USA TODAY US Edition

Don’t mistake NCAA win for final result

- Adam Sparks Knoxville (Tenn.) News Sentinel USA TODAY Network

The NCAA scored first against the Tennessee attorney general in hopes of upholding its rules regarding name, image and likeness (NIL) benefits for college athletes.

A federal judge denied a requested temporary restrainin­g order Tuesday, creating a speed bump for the states of Tennessee and Virginia in their quest to pause NCAA rules regarding name, image and likeness benefits for college athletes.

But don’t mistake the NCAA’s early lead for the final result.

Here’s what the ruling means for the federal lawsuit and the University of Tennessee:

NCAA won first battle but not war

This is a small victory for the NCAA because it keeps NIL rules in place, at least for a few more days.

But there’s no time for the NCAA to celebrate. There will be an injunction hearing in Greenevill­e, Tenn., on Feb. 13, when NIL rules could be frozen until the case is decided.

Judge Clifton Corker made that distinctio­n clear in his order.

“The court addresses only plaintiffs’ request for a (temporary restrainin­g order) at this stage of the proceeding,” he wrote.

Tennessee Attorney General Jonathan Skrmetti requested emergency relief to halt NIL rules before Wednesday, the start of the Division I football regular signing period, when recruits can sign a letter of intent with a university.

But Corker said those requiremen­ts for urgency were not met.

If the injunction is granted, however, it would be a much bigger loss for the NCAA and make this restrainin­g order obsolete. But if the NCAA also fends off the injunction, it will compound the states’ losses.

Judge pointed to obstacles ahead for NCAA

Speaking of that injunction, Corker appeared to indicate the NCAA faces an uphill battle to win the next round, specifical­ly against charges that its NIL rules violate antitrust laws.

“Considerin­g the evidence currently before the court, plaintiffs are likely to succeed on the merits of their claim under the Sherman Act (antitrust),” Corker wrote.

He said the “NCAA’s NIL-recruiting ban likely harms competitio­n” and therefore is “anticompet­itive.” Furthermor­e, he said the rules in question “likely foster economic exploitati­on of student-athletes.”

Those are harsh words and a high hurdle for the NCAA to clear.

The suit also asserts the NCAA’s NIL rules are unfair because athletes aren’t allowed to negotiate NIL contracts or communicat­e with schools directly about NIL opportunit­ies before enrolling or signing a letter of intent. Corker agreed.

“The NCAA’s NIL-recruiting ban is, in effect, ‘an agreement among competitor­s to refuse to discuss prices with (recruit) until after negotiatio­ns have resulted in the initial selection of (an institutio­n),” Corker wrote. “… It appears to be anticompet­itive.”

NCAA investigat­ion into Tennessee moves forward

Although the Tennessee attorney general’s lawsuit was never tied directly to the NCAA’s investigat­ion into allegation­s that UT broke NIL rules, they were always related.

Since the NCAA held off this assault, at least for another week, UT should expect the investigat­ion to continue. But the direction of the probe could hang in the balance.

If the injunction is denied, the NCAA could be emboldened to continue its investigat­ion.

But if the injunction is granted, don’t be shocked if the NCAA pauses its probe or suddenly reduces its focus to minor allegation­s.

After all, would the NCAA seek to punish UT for breaking rules in the past that are unenforcea­ble in the present? It certainly could, but that would be bold.

UT acknowledg­ed the investigat­ion exists, but it has not received a notice of inquiry.

So there’s still time for the investigat­ion to heat up or cool down.

 ?? BRIANNA PACIORKA/KNOXVILLE NEWS SENTINEL ?? The Tennessee football team runs through the T during a game against Tennessee Tech in 2021.
BRIANNA PACIORKA/KNOXVILLE NEWS SENTINEL The Tennessee football team runs through the T during a game against Tennessee Tech in 2021.

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