Overview

Practice Area: Antitrust

Case Status: Pending

Berger Montague represents a former Canadian Hockey League (CHL) player in an antitrust class action against the National Collegiate Athletics Association (NCAA) and ten of its member institutions. The class action alleges that the NCAA has illegally agreed to prohibit current and former Canadian Hockey League (CHL) players from playing NCAA Division I men’s ice hockey.

In the complaint, the plaintiff—a former CHL player—alleges that the defendants’ agreement violates federal antitrust laws and has caused current and former CHL players to suffer substantial harm, including from (i) losing out on valuable athletic scholarships from NCAA Division I schools, and (ii) receiving artificially low compensation from CHL teams.

The plaintiff seeks an order prohibiting the NCAA and its member institutions from continuing to prevent current and former CHL players from playing NCAA Division I men’s ice hockey. In addition, the plaintiff seeks damages for himself, and for other current and former CHL players, to compensate them for all harm caused by the defendants’ conduct, including the alleged substantial harm.

The CHL can draft players as early as age 14, while the NHL amateur draft’s minimum age is 18. Masterson says in his suit that he was 16 when he joined Windsor as an undrafted free agent and played the two preseason games. Masterson, now 19, has played for Fort Erie, Ontario, in the B-level Greater Ontario Junior Hockey League since 2021, and has not played in a CHL game since those preseason contests.

The named defendants are the National Collegiate Athletic Association, Canisius University, Niagara University, Rochester Institute of Technology, Boston College, Boston University, University of Denver, Quinnipiac University, University of Notre Dame du Lac, Stonehill College, and University of St. Thomas.

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About Berger Montague

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among other practice areas. For more than 50 years Berger Montague has played leading roles in precedent-setting cases and has recovered over $60 billion for its clients and the classes they have represented.

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