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Martinson v. NCAA: NCAA’s Five-Year Eligibility Rule Is Commercial and Subject to the Sherman Act

By Michael S. Lowe & Philip Nickerson on September 24, 2025
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Former University of Nevada, Las Vegas (UNLV) football player Tatuo Martinson is the latest NCAA athlete to successfully convince a federal district court to enjoin the NCAA from enforcing its “five-year eligibility rule” against a former junior college (JUCO) athlete. Martinson joins Diego Pavia,[1] Jett Elad,[2] Cortez Braham Jr.,[3] and four West Virginia University football players[4] as having prevailed on this issue, in contrast to James Coley Jr.,[5] Jagger Giles,[6] and Jackson Hasz,[7] who had similar efforts rebuffed by the NCAA.

Martinson’s lawsuit challenges the NCAA’s “five-year rule,” which limits athletes to five years to complete four seasons of athletic competition. Notably, time spent playing at a junior college counts against this eligibility, even though JUCOs are not NCAA members.

The decision from Judge Richard F. Boulware II of the U.S. District Court for the District of Nevada grants a preliminary injunction in favor of Martinson, allowing him to play another season despite the NCAA’s five-year rule. Judge Boulware held that NCAA eligibility restrictions are subject to antitrust scrutiny because they operate within a commercial context, given athletes’ ability to receive compensation, and hence fall within the scope of the Antitrust Act. Judge Boulware departed from Ninth Circuit precedent in O’Bannon v. National Collegiate Athletic Association, 802 F.3d 1049 (9th Cir. 2015), and Supreme Court precedent in National Collegiate Athletic Association v. Alston, 594 U.S. 69 (2021), because those analyses did not account for today’s name, image, and likeness (NIL) compensation landscape or the fact that NCAA institutions can now directly pay student-athletes. With these changes, the court deemed it “untenable” to characterize NCAA eligibility restrictions as noncommercial, as Division I athletes now participate in a “labor market” and are compensated for their services, transforming the NCAA’s five-year rule from a “true eligibility rule” into a rule limiting commercial activity.

Judge Boulware also found Martinson likely to succeed on the merits of his antitrust claims, accepting the definition of two relevant markets: the input labor market (college athletes) and the output product (college sporting events). The court found that the NCAA exercises “complete monopsony power” over these markets, setting the rules that determine both the price of athletes’ labor and the structure of college sports competitions.

Finally, the court found that Martinson would suffer irreparable harm if the injunction were not granted, losing “unparalleled and incalculable career opportunities” by being denied a spot on the football team for the current season.

Judge Boulware’s decision marks a significant development in the ongoing legal battles over NCAA eligibility rules. By recognizing the commercial nature of college athletics in the NIL era, the court has set the stage for further antitrust scrutiny of NCAA regulations. The outcome of Martinson v. NCAA and related cases could reshape the landscape of college sports, expanding opportunities for athletes and challenging the NCAA’s control over eligibility and compensation.


[1] Pavia’s challenge to the NCAA was discussed in a prior episode of Highway to NIL.

[2] Jett Elad’s successful challenge was discussed in prior blog post on NIL Revolution.

[3] See Braham v. Nat’l Collegiate Athletic Ass’n, Case No. 3:25-CV-00253-MMD-CSD, 2025 WL 2017162 (D. Nev. July 18, 2025).

[4] The athletes are Jimmori Robinson, Jeffrey Weimer, Tye Edwards, and Justin Harrington. See Robinson v. Nat’l Collegiate Athletic Ass’n, No. 1:25-CV-00075-JPB, Dkt. No. 17 (N.D. W. Va Aug. 20, 2025).

[5] Coley v. Nat’l Collegiate Athletic Ass’n, No. 5:25-CV-98-D, 2025 WL 1616719 (E.D.N.C. June 6, 2025).

[6] Giles v. Nat’l Collegiate Athletic Ass’n, No. 2:25-CV-06454-JVS-KES, 2025 WL 2551093 (C.D. Cal. Aug. 18, 2025).

[7] Hasz v. Nat’l Collegiate Athletic Ass’n, No. 8:25CV398, 2025 WL 2083853 (D. Neb. July 24, 2025).

Photo of Michael S. Lowe Michael S. Lowe

As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the

…

As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the NIL and higher education space. He currently represents an NCAA Division I athletic conference in connection with the settlement of the House antitrust litigation, as well as NIL issues and conference policies and procedures. He also has provided advice to an NCAA Division I university in connection with NIL and has experience with investigations of potential NIL violations. In addition to representing clients in this area, Michael frequently writes, speaks, and presents on cutting-edge NIL issues.

Read more about Michael S. LoweEmail
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Photo of Philip Nickerson Philip Nickerson

Philip represents clients in sectors such as financial, tech, real estate, and energy in a range of litigation matters. He is experienced in matters involving trade secrets, government investigations, commercial contracts, construction and product defect.

Read more about Philip NickersonEmail
  • Posted in:
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  • Blog:
    NIL Revolution
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