Senate Antitrust Legislation Aims to Reign in NCAA Lawsuits and Standardize Guidance

In an effort to gain control of run-away NCAA athletic lawsuits , the Senate passed the Protect College Sports Act of 2026 (S.4668) on Monday. The Act, different from the TEAM USA Act that we discussed earlier this week (you’d be forgiven if you’re losing track of all of the Congressional meddling in collegiate athletics lately), passed by a bipartisan vote of 77–22. The purpose of the legislation is to clarify and standardize operating rules and grant the NCAA limited antitrust protection. Up until this point, nearly every decision by the NCAA to establish standard operating rules and enforcement was challenged in court. The bill advances to an uncertain future in the U.S. House of Representatives, which is on recess until after the November mid-term elections.

This is the first time NCAA antitrust legislation has been formally introduced by the US Congress.

On Monday, the West Coast Conference Commissioner Stu Jackson issued the following statement:

If you’re having trouble reading it in the image, here is the statement in full:

“The bipartisan Senate passage of the Protect College Sports Act represents a significant step toward providing greater stability, consistency and direction for the future of college athletics.

The West Coast Conference has been supportive of establishing a national framework that prioritizes the well-being of student-athletes, provides clear and enforceable standards, and preserves broad-based athletic and academic opportunities, particularly for women’s and Olympic sports.

We appreciate the bipartisan work that has moved this important legislation through the Senate and look forward to continued consideration in the House of Representatives. A sustainable national model that provides clarity while protecting educational opportunities and the student-athlete experience is important to the long-term health of college sports.”

The bill, as it currently stands, grants the NCAA, conferences, and schools immediate liability protection from antitrust claims if they are enforcing rules that directly align with the federal specific standards cited by the Act, including athlete compensation, NIL enforcement, transfers, and eligibility guidelines. For example, the bill provides legal immunity to the NCAA to enforce a uniform one-time transfer rule and the current five-year eligibility restrictions.

The provisions within this bill would also permit institutions and conferences to form a voluntary “covered entity” to jointly pool, negotiate, and sell their sponsored telecasting media rights, similar to what we’ve posited a number of times on the site regarding a private school division or conference within Division I. These media rights, if leveraged by the best private schools and conferences, could negotiate their own TV deals without exposure to an antitrust lawsuit.

Some of the legislation specifics aim to limit the power of the Power Four conferences. In order to prevent super-conferences from monopolizing college sports entirely, the antitrust exemption explicitly blocks mergers or acquisitions by any conference that generated over $1 billion in gross revenue during fiscal year 2025.

On the athletes’ side, the bill protects current revenue sharing agreements and assures multi-year scholarships, 5-year post-eligibility healthcare, 10-year degree assistance, and caps agent endorsement fees at 5%.

While the details and specifics of the Protect College Sports Act of 2026 (S.4668) are sure to change after review by the House of Representatives, the outcome, should it pass the House and eventually be signed by President Trump, may result in standardized practices without the turmoil of continuous legal challenges and costly lawsuits.

Top photo generated with AI

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