Former President Trump's top antitrust assistant U.S. Attorney Makan Delrahim cautioned that the NCAA's approach to NIL "may raise concerns under antitrust laws." The new U.S. Department of Justice (DOJ) antitrust leader is likely to be Renata Hesse. Hesse has worked for DOJ multiple times in the past two decades and advised behemoths such as Amazon and Google. Recently, she advised Amazon on its $13 billion acquisition of Whole Foods.
The Biden Administration is very cognizant of the big tech Silicon Valley oligarchy and the issue globally impacts daily life. The growing concern over centralized power over the most powerful marketing tool on the planet magnifies similar antitrust issues applied to the NCAA and NIL rights for college athletes.
The core of the NCAA's amateurism protection is rooted in antitrust law. These protections have been clearly whittled away and now walk the plank as state after state passes laws allowing college athletes to earn endorsement money as any other college student whom possesses marketable talent. The NCAA has kicked the ball down the road again as the White House and its Justice Department undergo massive overhauls. One thing Democrats and Republicans agree on is any DOJ antitrust chief will tell the NCAA its policies are not compliant and laws will change.