This Article addresses the black market for college athlete services that results from the NCAA’s restrictions on athlete compensation based on the purported need to preserve amateurism. Specifically, this Article focuses on the NCAA’s name, image, and likeness (NIL) restrictions that prevent college athletes from making use of their own reputations for commercial purpose.

Since 1996, the annual spending on drugs per capita in the U.S. has been the highest among all the developed countries. In 2017, the number reached $1220 per person in the U.S., making the U.S. pharmaceutical industry a $400 billion market. One of the fastest growing segments of the pharmaceutical industry is biologic drugs, accounting for almost 40% of the U.S. prescription drug spending in 2015.