Thrilled to announce that the court in the
UFC case has certified the class of mma fighters. We look forward
to demonstrating our allegations that the UFC has abused its market
power to suppress fighter pay before a jury in Las Vegas. The fight
for fighter justice continues!— Eric Cramer (@CramerEcramer)
August 9, 2023
The antitrust case against the Ultimate Fighting Championship is moving
forward in a big way.
First reported by
Bloody Elbow on Wednesday, federal Judge Richard F. Boulware
has granted class certification to the plaintiffs of the antitrust
suit against the UFC. The lawsuit was first filed in late 2014, and
it will now be considered a class action suit, which allows over
1,200 fighters to sue the UFC together. The class will encompass
all fighters that competed for Zuffa from Dec. 16, 2010 to June 30,
2017. This specific “bout class” was certified, and not the
“identity class,” opening the door for a case that will likely
proceed for years.
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The two different classes broke down fighters into two, not
mutually exclusive, groups. The “bout class” that was certified
includes all fighters that competed in at least one UFC fight. As
for the “identity class” that did not get certified, those members
were potentially suing for exploitation of their identity including
merchandizing and promotional items. As a result, one of the major
members representing the class, Nate Quarry,
will no longer be one of the plaintiffs named as suing the UFC. The
others including Cung Le and
Jon
Fitch will still represent the “bout class” going forward.
The plaintiffs are suing the UFC for damages, with a range of $811
million to upwards of $1.6 billion. Due to the case being related
to antitrust regulations, the damages would be tripled by the court
should the plaintiffs win the case. Additionally, future business
dealings involving the UFC and its fighter contracts would also be
significantly transformed if they prevail. The claims include that
the UFC was an illegal monopoly or monopsony, which engaged in
unlawful business practices that lowered overall fighter pay and
harmed competitive organizations. Back in 2020, Judge Boulware
indicated that he would grant the certification, and he officially
approved it on Wednesday.
One of the attorneys representing the plaintiffs, Eric Cramer,
posted on social
media late Wednesday night celebrating the success, writing,
“Thrilled to announce that the court in the UFC case has certified
the class of [MMA] fighters. We look forward to demonstrating our
allegations that the UFC has abused its market power to suppress
fighter pay before a jury in Las Vegas. The fight for fighter
justice continues!”
In the order obtained by
Bloody Elbow, Judge Boulware noted that the UFC had “willfully
engaged in anticompetitive conduct to maintain or increase their
market power.” It did so in multiple ways, including “through the
enforcement of exclusionary contracts” and “through
extracontractual methods to make fighter contract effective
perpetual” as well as “through acquisition and shutting down of
rivals.” The case will proceed via a status conference on Aug.
21.
According to a statement provided to
ESPN by the UFC’s chief counsel, William A. Isaacson, the UFC
is preparing to file an appeal of this decision. “We have
anticipated this decision, and as we have previously communicated
to Judge Boulware, we plan to appeal,” he said. “This is just one
step in a long legal process, and we are confident that the Court
will ultimately recognize that the claims outlined in this lawsuit
are legally and factually meritless. UFC’s own continued growth
accompanied by the growth of other established MMA promoters and
the prevalence of successful new market entrants all demonstrate
the existence of a healthy and competitive MMA market which
benefits athletes, promoters, and fans alike.”