"... when he was an undergraduate there, whose questions and comments were most hostile to the NCAA. Kavanaugh told [NCAA lawyer Seth] Waxman that he was starting from the premise that U.S. antitrust laws 'should not be a cover for exploitation of the student-athletes.' Kavanaugh then summarized the case as one in which the schools were conspiring with their competitors 'to pay no salaries to the workers who are making the schools billions of dollars on the theory that consumers want the schools to pay their workers nothing.' Such a scenario, Kavanaugh concluded, 'seems entirely circular and even somewhat disturbing.'"
From "Justices employ full-court press in dispute over college athlete compensation" (SCOTUSblog).