First, JUCO, now Div II athletes are getting involved.
Ante Brzovic, a standout basketball player from the College of Charleston, filed a groundbreaking lawsuit against the NCAA in the U.S. District Court for South Carolina, represented by Darren Heitner, and Mark Peper of The Peper Law Firm, P.A.
This case challenges the NCAA’s restrictive “Five-Year Rule” (Bylaw 12.8.1), which limits Division I eligibility by counting time spent at Division II schools—despite vast differences in NIL opportunities and exposure.
Ante, an international student from Croatia, seeks a preliminary injunction to play the 2025-26 season, arguing that the rule’s rigid application violates the Sherman Act as an unreasonable restraint of trade and harms athletes through arbitrary enforcement.
Why it matters: With NIL earnings projected at $1M+ for an additional year, Ante’s case underscores the economic stakes for college athletes and the NCAA’s monopsony power in the Division I labor market.
It builds on precedents like NCAA v. Alston and Fourqurean v. NCAA, pushing for fairer eligibility rules that reflect modern realities.
Ante Brzovic, a standout basketball player from the College of Charleston, filed a groundbreaking lawsuit against the NCAA in the U.S. District Court for South Carolina, represented by Darren Heitner, and Mark Peper of The Peper Law Firm, P.A.
This case challenges the NCAA’s restrictive “Five-Year Rule” (Bylaw 12.8.1), which limits Division I eligibility by counting time spent at Division II schools—despite vast differences in NIL opportunities and exposure.
Ante, an international student from Croatia, seeks a preliminary injunction to play the 2025-26 season, arguing that the rule’s rigid application violates the Sherman Act as an unreasonable restraint of trade and harms athletes through arbitrary enforcement.
Why it matters: With NIL earnings projected at $1M+ for an additional year, Ante’s case underscores the economic stakes for college athletes and the NCAA’s monopsony power in the Division I labor market.
It builds on precedents like NCAA v. Alston and Fourqurean v. NCAA, pushing for fairer eligibility rules that reflect modern realities.
