The UFC has been served with two new antitrust lawsuits filed by fighters whereas one other antitrust lawsuit continues to play its means out in court docket.
The newest antitrust lawsuit filed within the U.S. District Courtroom in Nevada on Thursday is led by former UFC gentle heavyweight Phil Davis. Berger Montague—the identical legislation agency that represented fighters in a not too long ago settled antitrust lawsuit towards the UFC in addition to the continued lawsuit initially filed by fighters akin to Kajan Johnson—is main the cost with this newest lawsuit as effectively.
“The go well with alleges that the UFC impairs the power of would-be UFC rivals to draw a important mass of top-level MMA fighters essential to compete with the UFC on the high tier of the game,” Eric Cramer, lead legal professional for the fighters stated in a press launch.
“We intend to show that the UFC engaged in a predatory scheme to undermine could be rivals to the UFC, which the go well with claims had the impact of sustaining and enhancing the UFC’s dominance, and thereby impairing the careers and pay not simply of the UFC’s personal fighters, but additionally {of professional} MMA fighters like Mr. Davis competing for MMA promotions throughout the MMA business.”
The most recent antitrust lawsuit isn’t looking for any monetary damages, however as a substitute the fighters are searching for “an injunction to forestall the UFC from persevering with its allegedly unlawful scheme” with hopes {that a} profitable argument in court docket may result in “create the circumstances without spending a dime and honest competitors amongst skilled MMA promotions, which in flip would bolster the careers and pay {of professional} MMA fighters throughout the game.”
“I’m proud to face up for skilled MMA fighters to unlock the UFC’s stranglehold on your entire sport,” Davis stated in an announcement.
The lawsuit led by Davis and others seeks “injunctive reduction within the type of modifications to [the UFC’s] enterprise practices, together with the elimination of restrictive and/or exclusionary clauses from [the UFC’s] agreements with skilled MMA fighters, the elimination of arbitration clauses and sophistication motion waivers” from UFC contracts and requiring an insertion to all current and future contracts concerning a “sundown provision” that enables fighters the choice to “terminate the contract with no penalty inside one 12 months after its execution.”
The second lawsuit filed towards the UFC on Might 23, led by veteran fighter Misha Cirkunov, particularly addresses the fighters who signed contracts with the UFC that included a clause concerning guidelines on arbitration or a category motion waiver.
There have been initially two antitrust lawsuits filed towards the UFC—one led by fighters akin to Cung Le that coated fighters from 2010 by 2017 and the second lawsuit filed by fighters akin to Johnson that coated athletes from 2017 to the current. The primary antitrust lawsuit that was initially filed all the best way again in 2014 was settled with the UFC agreeing to a $375 million settlement.
The second lawsuit remains to be winding its means by the courts, however the UFC not too long ago filed a movement to disclaim class certification or strike class allegations “on the bottom that some class members had signed contracts with Zuffa that contained arbitration clauses and/or class-action waivers.”
The brand new antitrust lawsuit led by Cirkunov and different fighters makes an attempt to treatment that problem by particularly representing the athletes who signed contracts that contained the clause concerning arbitration or class motion waivers and forestall additional delays within the unique lawsuit filed by Johnson and different athletes who competed within the UFC.
Per the language of the lawsuit:
“Though Plaintiff disagrees with Defendants’ place, in an effort to (a) keep away from pointless delay in Johnson, (b) make sure that the invalidity and unenforceability of UFC Fighters’ arbitration agreements and sophistication motion waivers could also be adjudicated, Misha Cirkunov brings this case on behalf of these UFC Fighters, like himself, who fought in a bout promoted by the UFC from July 1, 2017 till the illicit scheme alleged herein ceases, and who signed a contract with Zuffa LLC that contained a clause purporting to require disputes between the fighter and Zuffa (and/or its guardian corporations or associates) to be submitted to particular person arbitration (an “Arbitration Clause”) and/or a clause purporting to waive any proper to take part in a category motion”
The Cirkunov lawsuit seeks damages in addition to an order invalidating the arbitration or class motion waiver clause in current UFC contracts in addition to eliminating these clauses in future offers.
Choose Richard Boulware, who has overseen the 2 earlier antitrust lawsuits, has a listening to set for June 3 to rule on a number of motions associated to the Johnson antitrust lawsuit together with that movement to disclaim class certification straight addressed by the brand new lawsuit filed by Cirkunov and different fighters.