NCAA Prevails Against Tennessee QB in Antitrust Suit
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A Tennessee judge ruled in favor of Compass Lexecon client the NCAA and denied University of Tennessee quarterback Joey Aguilar’s request for a preliminary injunction in an antitrust suit challenging NCAA eligibility rules. Aguilar (Plaintiff), who began his football career at a junior college in 2019, sought a preliminary injunction to allow him to compete in the 2026 season.
Plaintiff alleged that the NCAA’s “JUCO” rule, which counts seasons played at non-NCAA schools against a player’s four allowed seasons in the NCAA, is anticompetitive and prevents him from potentially earning compensation from name, image, and likeness deals, and the opportunity to showcase skills to NFL scouts in what would be his final season of play.
Compass Lexecon affiliate, Professor Matthew Backus of the University of California, Berkeley, was retained by counsel for the NCAA to file an expert report in opposition to the Plaintiff’s motion for a preliminary injunction. Professor Backus highlighted flaws in the Plaintiff’s expert report, including inconsistencies in relevant market definitions, lack of evidence or data concerning anticompetitive effects, lack of evidence of harm to the consumer market, and lack of a coherent analysis concerning any less restrictive alternatives and an assessment of the but-for world without the "JUCO" rule.
Chancellor Christopher D. Heagerty agreed with the opinions of Professor Backus, concluding that “…the evidence proffered by the Plaintiff, on the record before the Court at this time, does not demonstrate that the "JUCO" rule has a substantial anticompetitive effect” and “in fact, the NCAA's expert opines that "basic economic theory" suggests that the compensation would actually decrease without the "JUCO" rule contrary to the Plaintiffs expert's unsupported conclusion.” On February 20, 2026, Chancellor Heagerty denied Plaintiff’s motion for a preliminary injunction.
Professor Backus was supported by a Compass Lexecon team led by Colleen Loughlin that included Daniel Stone, Stephen Cacciola, Liam Ziaja, and Mete Bakircioglu. Compass Lexecon worked closely with Taylor Askew, David Zeitlin, and David Kully of Holland & Knight, along with Rakesh Kilaru and Max Warren of Wilkinson Stekloff.