Purdue football player loses antitrust case against NCAA

A federal court denied a former Purdue University football player’s eligibility earlier this week after the player sued the Indianapolis-based National Collegiate Athletic Association for violating antitrust laws.

Atium “Bakyne” Coly, who started at right tackle for the Boilermakers the last two seasons, sued the NCAA in February after the association denied his request to play one more season.

In a 24-page opinion on Monday, U.S. District Court Judge Philip Simon decided that Coly failed to present sufficient evidence of anticompetitive effects. But Simon still pondered the nuance of how the NCAA applies its eligibility rules.

“We are disappointed with the decision and are exploring our options,” said Andrew Rudowitz, an attorney with Duane Morris LLP representing Coly, in a written statement to The Indiana Lawyer on Friday.

On Friday, the NCAA said in a written statement that it is thankful for the judge’s decision.

“We will continue to defend the NCAA’s eligibility rules against repeated attempts to rob high school students of the opportunity to compete in college and experience the life-changing opportunities only college sports can create,” the NCAA said. “The NCAA and its member schools are making changes to deliver more benefits to student-athletes, but the patchwork of state laws and inconsistent, conflicting court decisions make partnering with Congress essential to provide stability for all college athletes.”

According to court documents, Coly began his collegiate football career in 2021 at Lawrence Technological University, which is a part of the National Association of Intercollegiate Athletics — a non-NCAA institution.

The COVID-19 pandemic significantly disrupted Coly’s first season, resulting in the cancellation of three games and his absence from two games after he tested positive for the virus.

After two years at Lawrence Tech, Coly transferred to Purdue, an NCAA Division I program.

Coly redshirted the 2023 season, using that time to develop his skills and adjust from the NAIA.

In 2024, Coly played his first full season of Division I football. And last season, he started all 12 games, playing 784 offensive snaps and being named to the Academic All-Big Ten team for the second season in a row, according to his Purdue Football website biography.

But after the 2025 season, Coly had exhausted this NCAA eligibility under the “Four in Five” framework. According to NCAA bylaws, a student-athlete must complete their athletic participation within five calendar years from the beginning of the semester or quarter in which they first registered at a college. It doesn’t matter whether the athlete begins at an NCAA-affiliated school or not, according to the rule.

According to court documents, on Dec. 18, 2025, Purdue submitted a waiver request, asking the NCAA to permit Coly to play another season at the school.

On Jan. 13, the NCAA denied the request.

Coly then sought the court’s assistance, filing his complaint and a motion for a temporary restraining order and preliminary injunction on Feb. 20, 2026.

He alleged that the NCAA’s eligibility rules violated Section 1 of the Sherman Act of 1890, which prohibits agreements that unreasonably restrain trade or commerce.

Judge Simon did not completely rule out several of Coly’s arguments, but ultimately sided with the NCAA over Coly’s lack of presented evidence.

“Coly’s theories present plausible anticompetitive harms,” Simon wrote. “But he lacks economic evidence or analysis for these theories to demonstrate a substantial likelihood of success on the merits.”

Simon said in his opinion that there are “scores of other oddities in how the NCAA implements its eligibility rules.”

Simon noted the circumstance of Diego Pavia, a Vanderbilt University quarterback who was allowed to play six years of college football because the NCAA created a blanket waiver for athletes in 2025. If Coly had been in the system a year earlier, Simon said, he could have also gotten the “Pavia Waiver.”

“I’m not sure how any of this makes sense,” Simon wrote.

But Simon said he doesn’t run the NCAA, and at present, does not believe Coly met his burden of showing an entitlement to a preliminary injunction.

The case is Atium Coly v. National Collegiate Athletic Association (26-cv-00008)