[derbOac]

So, I really disagree with this opinion, although I see this as a "reasonable people can disagree" sort of thing.

The problem with the analogy is that restaurants aren't primarily functioning as educational institutions with a restaurant business on the side. Hospital nurses aren't providing nursing care as a side activity. Camera crews are not secondary to the mission of a movie studio. With universities, the sports teams are at least ostensibly in theory, student extracurricular activities secondary to the primary mission of the university.

Let's say a university had a student dining center, and agreed to let people work in the center in exchange for free tuition. Would that be a violation of antitrust? I think not.

I admit universities are currently full of practices where nonprofit endeavors are hijacked for for-profit engorgement in a tail-wagging-the-dog sort of phenomenon. Sports are another example of many. But I don't think antitrust is really the appropriate concept to introduce -- or if it is, it has far greater implications than people realize.

What's maybe slipping under the radar is that by this argument, any nonprofit organization that tries to establish rules pertaining to scope of professional activities is operating as an inappropriate monopoly. Where does the argument end? Isn't the American Medical Association an illegal monopoly under this argument, as it conspires to control how people practice professionally? I doubt the Supreme Court would follow its reasoning to its logical conclusion, which raises the question about what's different with college sports. Why single it out?