Carl Hittinger is quoted in an article published by Law360 on March 29, 2021. The article, “Century-Old MLB Antitrust Carveout Looms Over NCAA Case,” discusses NCAA v. Alston. In Alston, The Supreme Court will hear arguments over the Ninth Circuit's decision to block NCAA rules limiting education-related benefits for college athletes, including cash academic achievement awards.
Hittinger told the publication that the Flood v. Kuhn line of cases involving Major League Baseball’s antitrust shield could come into play if the justices go down the path of granting NCAA rules significant deference under the Sherman Antitrust Act.
"There is not a lot in the Sherman Act to interpret when it comes to who is exempt other than it has to be a business," Hittinger said. "That is kind of where the court went when it called baseball the national pastime. It is really not a business; it is a national pastime."
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