Several years ago, in December of 2014, the UFC was sued by numerous former fighters under their banner. The basis of the lawsuit, which ultimately named such notables as Cung Le, Jon Fitch and Nate Quarry as plaintiffs, was centered around the UFC’s allegedly anti-competitive business model as it relates to the MMA industry. Basically, the plaintiffs alleged that the UFC is simply monopolizing the entire sport and thus, limiting opportunities for fighters. The law doesn’t like when companies seek to dominate an industry by restricting where the workforce could go to make money. The UFC’s defense is simple: “we’re just better than everyone else. Others had the money at various points in history, but we still won and will continue to win.”
Last week, the UFC filed a Summary Judgment Motion, seeking to dismiss the lawsuit. Such a motion requires that the party making the motion show the following: (1) there are no facts in dispute; and (2) the law is clear that the moving party should win. Usually, the first prong is the hardest one to show. Naturally, when there are two opposing sides to a lawsuit, the facts are usually in dispute. Such is the case here.
The UFC claimed that it won and continues to win because it pays fighters more, has better marketing/branding techniques and runs its company the best. Thus, fighters don’t want to go elsewhere and other promotions die. The plaintiffs will likely claim that fighters cannot go anywhere else because the UFC buys other companies to shut them down, stages other events for free at the same time as rival promotions and contractually limits fighters in a way that reduces their worth in the marketplace. See how the facts can always be argued?
This Summary Judgment Motion and the case in general will turn on how many pieces of documentary and testimonial evidence can speak to the above arguments. If there are indications that the evidence illustrates certain facts in dispute, the Motion should be denied.
One thing is for sure: if the UFC has this case dismissed, then the fight for some of these athletes outside of the Octagon may be as hard as it is/was inside of it.
Do you think the UFC will get this case dismissed?