Utah vs. BYU in the rev-share era: How a shifting NIL marketplace could impact the rivalry

SALT LAKE CITY — Chris Hill was poolside Wednesday afternoon when he answered the phone, relaxing after a round of golf. The former Utah athletic director's playing partner? His longtime counterpart in Provo, ex-Brigham Young AD Tom Holmoe.

"When Tom announced his retirement, I told him we'd play a round to celebrate," Hill explained. (Holmoe stepped down this spring after two decades in charge of BYU athletics.)

"Tom and I always got along. People don't understand that because of the whole Utah-BYU thing. But the schools had a lot in common, and they still do. They'll vote the same way on a lot of Big 12 stuff.

"But there are some differences, obviously."

Hill and Holmoe spent most of their round — call it the Holy Fore! — chatting about their families, but they talked shop, as well.

There was no shortage of topics, what with the chaotic state of college sports, life in the Big 12, the landmark House vs. NCAA lawsuit settlement and BYU's sudden success on the field (and court).

The era of unchecked NIL has gone exceedingly well for the Cougars, who possess one of the richest donor bases in the country. They aren't alone — not even in the Big 12. Texas Tech, with funding from oil billionaire Cody Campbell, has acquired football and basketball talent at a rate that exceeds historical norms.

"As a Utah guy, yeah, I'm concerned," Hill said. "You look at the dollars, and it's just the reality. Utah has great support, and Utah will be fine. But it's no secret that BYU has more wealth."

The Big 12 hopes to end the unchecked NIL sooner than later. Along with the ACC, Big Ten, Pac-12 and SEC — the named defendants in the House antitrust lawsuit — the conferences created the College Sports Commission to clean up a marketplace that, for four years, has been tantamount to pay-for-play.

Under the CSC structure, all deals worth at least $600 must be reported to NIL Go, a technology platform created by Deloitte that will determine whether contracts fall within a reasonable range of compensation. Rejected deals can be tweaked and resubmitted. There's even a pathway to arbitration.

Led by Bryan Seeley, a former chief investigator for Major League baseball, the CSC will have the authority to punish schools for playing athletes whose deals were not approved.

At least, that's the plan.

"There will be challenges," Big 12 commissioner Brett Yormark explained in early June, following the House settlement. "But we're very confident.

"Our schools want rules. We're providing rules, and we will be governed by those rules. And if you break those rules, the ramifications will be punitive."

Not everyone is convinced the CSC will effectively rein in pay-for-play and create a market of legitimate NIL, where the dollars paid match the services performed.

"In theory, it's fine," Hill said. "If they can enforce it, then it's a different ball game. But I'm skeptical. I just think they are going to get sued again and again until they can collectively bargain."

Many share Hill's gloomy outlook. The House settlement has not been codified by Congress. The NCAA does not have antitrust protection. Dozens of states have their own NIL laws on the books.

There is nothing and no one to stop an attorney from suing the CSC after an NIL deal is rejected. Why should a technology platform created by a company that's paid by the conference be allowed to determine the reasonable range of compensation for services rendered?

The market determines the market, unless ... the rules of the road have been collectively bargained.

You don't see compensation lawsuits in the NFL or NBA, which have collective bargaining agreements between the leagues and the players' unions.

But there are no CBAs in college sports because there are no unions in college sports. In order to form a union, the athletes must be employees, and the schools do not want athletes to be declared employees.

For many university presidents, athletic directors and conference executives, athlete employment is a non-starter.

Hill disagrees.

"Students can be employees," he said, referring to non-athletes who work while attending college. "I don't know what the problem is. Just call them athlete-workers. There's no reason why they can't be employees.

"The NCAA is going to get sued again and again until there's a CBA. I don't see the end of it until they are employees with a union and contracts and buyouts."

The timing of Hill's golf game with Holmoe wasn't lost on the man who led Utah athletics for 31 years: It came one day after BYU's latest recruiting success.

On Tuesday, the Cougars secured a commitment from five-star quarterback Ryder Lyons, a rising senior at Folsom High (California) who will join the team in the spring of 2027, following a one-year church mission.

Lyons, who picked BYU over Oregon, is part of a recruiting class that ranks third in the Big 12.

This, after the Cougars landed AJ Dybantsa, the No. 2 basketball recruit in the class of 2025.

And after they reached the Sweet 16 for the first time in more than a decade.

And after they won 11 football games.

In the world of unchecked NIL, talent follows the dollars. With Utah Jazz owner Ryan Smith and others lending their support, BYU has possessed the dollars needed to acquire talent at the highest level.

Hill circled back to the College Sports Commission — the great equalizer, in theory.

"If that's the reality, then I don't think there will be much difference between the schools," he said. "But I think (the commission) will get sued. And I'm worried about it."

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