Senate passes Protect College Sports Act with antitrust safe harbor revisions
The US Senate approved the Protect College Sports Act, introducing antitrust safe harbor conditions, revenue‑share caps, and revised conference‑merger restrictions that could reshape college athletics financing.
On September 28, 2026, US Senate passed Protect College Sports Act by a 77–22 vote, advancing legislation to House of Representatives. The bill preserves a conditional antitrust safe harbor (Section 118) for institutions that comply with a revenue‑share cap, while adding a new retention fund allowing up to $22.5 million per year above the cap to retain current athletes, plus $5 million for women’s, Olympic and non‑revenue sports. The cap and safe‑harbor conditions now sunset after nine years unless Congress passes a joint resolution extending them, creating a periodic legislative check that could reopen antitrust exposure if the cap lapses. Section 205 introduces a per se prohibition on mergers involving conferences with annual media‑rights revenue exceeding $700 million, split into two prongs that limit conference expansions and bar private‑equity‑driven assembly of new associations. The bill also extends the antitrust exemption under the Sports Broadcasting Act of 1961 (Section 202) for pooled media rights, subject to a 75 percent FBS‑institution participation threshold. Additional provisions create an HBCU Sports Media and Connectivity Program, require maintenance of women’s and Olympic‑sports roster spots at 2024–2025 levels, and confirm that Title IX remains unaffected. Stakeholders should monitor House schedule, benchmark compliance against the Section 118 safe‑harbor conditions, and evaluate realignment plans against merger thresholds; a critical development will be House action and conference realignment filings.