Sunday, October 25, 2026

The Private Equity ‘Boogeyman’ Shows Up at Utah

Backlash to the University of Utah’s deal with Otro Capital means the floodgates might not open yet, but the seal has been broken. Industry insiders say PE has a “marketing problem.”

Dec 6, 2025; Salt Lake City, Utah, USA; Utah Utes forward Kendyl Sanders (13) reacts after a play against the California Baptist Lancers during the second half at Jon M. Huntsman Center.
Rob Gray-Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The University of Utah’s decision to get into business with a private-equity firm has lawmakers up in arms, but industry insiders see it as a necessary test case for how schools might sustain major college sports in the modern era.

The agreement, approved unanimously by the school’s board of trustees Tuesday, will see the creation of a for-profit entity called Utah Brands & Entertainment LLC that will be majority-owned by the university and minority-owned by Otro Capital. It’s aimed at maximizing all revenue streams related to the school’s athletic department, from ticketing and concessions to corporate sponsorships and other licensing deals. 

The idea of private capital coming into college sports has been viewed as inevitable in the wake of the House v. NCAA settlement and the rise of NIL (name, image, and likeness) free agency.

There’s no question the deal is a major step forward. For the last few years, private-capital providers, schools, and conferences had been standing across the room from one another like students at a high school dance—neither side quite knowing how to make the first move. Previous deals, like the Big Ten’s private investment proposal, failed to come to fruition. The agreement between Utah and Otro could be a blueprint for other schools and is expected to lead to more deals, although it’s not clear the dam is about to break.

“There have been a lot of attempts, going on three or four years now, to make direct investments into sporting programs at schools,” Ben Fund, a partner at Carlyle Group, tells Front Office Sports. “Everyone in the market wants to talk about college sports.”

“I do think this is, hopefully, the start of a lot more opportunities,” he adds.

Chuck Baker, co-chair of Sidley Austin’s entertainment, sports, and media practice, tells FOS that whether this will open the floodgates for other deals is the “main question on the minds of both our PE and University clients.”

“Given how deliberate the schools and conferences have been to date, my instinct is that we’ll see more deals announced over the next 12-24 months, but it will be more of a trickle than a flood,” Baker says.

The immediate response to the deal from local and national lawmakers is part of the reason other schools are likely to take a cautious approach. 

A few hours after the news broke, Rep. Michael Baumgartner (R., Wash.), posted on social media that “Congress will be taking a hard look at the tax-exempt status of universities that enter into private-equity deals. If you want to act like a non-public entity, you better be ready to be treated like one.” Earlier this year, Baumgartner introduced a bill aimed at blocking private-equity deals with athletic departments or conferences.

His skepticism was shared by both local and national lawmakers. Sens. Daniel McCay (R., Utah) and Nate Blouin (R., Utah) took to social media to express their doubts. As did Rep. Brendan Boyle (D., Pa.) and Rep. Lori Trahan (D., Mass.), who was the most direct, posting: “Hear me out. Private equity won’t fix college sports.”

David Gringer, a partner at WilmerHale who focuses on antitrust issues in higher education and sports, says reactions like this are misguided. He tells FOS there are clear benefits to the LLC model, which has been used by other schools (such as Kentucky, Michigan State, and Clemson), albeit without private-equity involvement. For instance, it provides a “dedicated funding source” and allows schools to quickly move funds as needed.

“I don’t support treating private equity as a boogeyman,” Gringer says. 

Frank Azzopardi, a partner at law firm Davis Polk who leads the firm’s intellectual property and commercial transactions practice, said during this week’s SBJ Intercollegiate Athletics Forum in Las Vegas that he was surprised to see Utah set up a for-profit entity, because of the implications that could carry with regard to its tax status.

“That brings into question potential issues from the 501(c)(3) perspective, because now you’re very much a not-for-profit entity entering into an express partnership into a for-profit investor,” he said.

Gringer thinks threats to the school’s tax-exempt status are unnecessarily inflammatory.

“The notion that you’d strip a school of its tax-exempt status because a standalone entity it formed has PE investment is absurd,” he tells FOS.

It’s unclear exactly who was looped in on the announcement. For example, Sen. John Curtis (R., Utah) was not aware of the deal before the vote, a staffer familiar with the senator’s involvement tells FOS. Curtis’s office declined to comment. The state’s governor, attorney general, and other lawmakers did not immediately respond to requests for comment.

Utah was clearly aware of the potential for public backlash. On the same day as the board vote, president Taylor Randall and AD Mark Harlan posted an 800-word-plus letter explaining why they entered into the agreement, writing “the cost of supporting a nationally competitive athletics program has risen dramatically and far outpaces revenue growth.”

Beyond questions of governance and tax status, insiders say the bigger hurdle for private equity is perception: convincing the public and lawmakers that their involvement can be a force for good.

The perception of private-equity firms as the monster in the closet is not unfounded. The industry is best known for leveraged buyouts that can saddle companies with debt and are often criticized for putting profit before people. Some concerns are legitimate—like the trend of private-equity firms buying nursing homes, which former President Joe Biden highlighted as leading to lower quality care. But most major firms no longer even describe themselves as private equity. Instead, they present themselves as alternative assets managers offering a range of investment strategies.

“The industry has a marketing problem,” one private-equity industry executive tells FOS.

This field is for validation purposes and should be left unchanged.

Sign up for the
Asset Class Newsletter

Get the latest in sports finance, investment, and transaction activity, straight to your inbox once a week.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Utah Is College Football’s PE Guinea Pig—and Its’ Cashing In

No. 10 Utah hosts No. 14 Houston on Saturday night.

Bowl Games Face Uncertain Future With a 24-Team CFP

College football bowl game viewership rose 13% year over year in 2025.
Nov 22, 2025; Austin, Texas, USA; Texas Longhorns flag on the field after a touchdown is scored during the first half against the Arkansas Razorbacks at Darrell K Royal-Texas Memorial Stadium. Mandatory Credit: Scott Wachter-Imagn Images

Kirk Goldsberry Leads Texas’s AI Push and Understands the Skeptics

Goldsberry says the program will create jobs, not cut them.
Texas Tech's Brendan Sorsby looks on during the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.

Cincinnati’s $1M Sorsby Lawsuit Hangs Over Texas Tech Showdown

One of the biggest offseason storylines returns to the spotlight on Saturday.
podcast thumbnail mobile
Front Office Sports Today

10/23/26 – JJ Watt Takes CBS Chair, FIFA Rights Shake-Up, Small-Market World Series

0:00

Featured Today

Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
October 15, 2026

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.
Oct 5, 2026; Pittsburgh, Pennsylvania, USA; Pittsburgh Penguins general manager Kyle Dubas arrives at the arena before the Penguins host the Winnipeg Jets at PPG Paints Arena
October 12, 2026

NHL’s New Wave of GMs Is Built Different

“I am in the prediction business,” Devils GM Sunny Mehta tells FOS.
Action Images/Peter Cziborra
October 9, 2026

Is Leicester City’s $264 Million Price Tag Too Rich for Hungry Investors?

After falling from grace, how much is a former top club worth?

CFB Firings Tracker: NC State, Maryland Owe Nearly $20M

More costly coaching changes could follow as pressure mounts across college football.
Kentucky's Jason Patterson (26) gets by Oklahoma's Owen Heinecke (38) in the second half of the college football game between the University of Oklahoma Sooners (OU) and the Kentucky Wildcats at Gaylord Family — Oklahoma Memorial Stadium in Norman, Okla., Oct., 17, 2026.
First at FOS
October 22, 2026

Inside the First College Sports Super PAC

The PAC launched last month and hasn’t yet reported any donations.
Oct 10, 2026; Dallas, Texas, USA; Texas Longhorns quarterback Arch Manning (16) looks on before the game between the Sooners and the Longhorns at Cotton Bowl. Mandatory Credit: Jerome Miron-Imagn Images
October 22, 2026

Arch Manning’s Slump Clouds His Draft Stock, Texas’s Investment

Draft analysts now question whether Manning should declare—or transfer.
Sponsored

Blake Griffin’s Plan for Media Domination

The former NBA star is building a second act across media & entertainment.
Oct 11, 2025; College Park, Maryland, USA; Maryland Terrapins head coach Mike Locksley walks the sidelines during the first half against the Nebraska Cornhuskers at SECU Stadium. Mandatory Credit: Tommy Gilligan-Imagn Images
October 21, 2026

Maryland Breaks Ice With $10M Mike Locksley Firing

$4.9 million is due to Locksley within 60 days.
October 21, 2026

LSU Won’t Roster Ex-NBA Player As SEC Legal Battle Continues

Louisiana AG Liz Murrill called again for the SEC’s lawsuit to be dismissed.
October 20, 2026

Army-Navy Could Shift Dates to Accommodate 24-Team CFP

The game could take place the Saturday left open without conference championships.
October 18, 2026

Big-Money Upsets Shake Up College Football

Half of the AP Poll top 10 lost in a single day.