On Thursday, the UFC announced that its negotiation with Le competitive litigators had been revised.
Then comes the tough part: The events need U. S. District Judge Richard Boulware to give initial approval.
In July, the Nevada-based judge denied preliminary approval of a$ 335 million settlement that would have paid fighters in the Le case, on average,$ 200, 000, with 36 fighters set to take home more than$ 1 million. Le and a different case, Johnson, contend that UFC violated antitrust laws by allegedly acting as a monopsony in the MMA industry ( a monopsony is similar to a monopoly, with UFC purchasing MMA fighters ‘ services ), and restraining UFC fighter pay. UFC completely refutes those claims, and the lawsuit does nothing to change that rejection.
Boulware made the signal that he believed UFC may pay more if it lost both Le and Johnson to be ordered to pay billions of dollars in damage. He also implied the two lawsuits should n’t be resolved together. Le involves soldiers who were in one or more UFC episodes that took position, or were broadcast, in the U. S. from Dec. 16, 2010, to June 30, 2017, while Johnson represents those who fought in UFC rounds from July 1, 2017, to the present. In a number of ways, the facts in Johnson differ, including because their claims are less strong and because of the existence of mediation and class-action cancellation provisions.
The soldiers in Le may now receive a revised settlement of$ 375 million, which will be paid in chapters “over an agreed-upon period of time.” A long-form contract that will be submitted to the court on a later date will contain details and details on the lawsuit, including how it may alter soldiers ‘ deals. UFC says its parent business, TKO Group Holdings, “anticipates that the arrangement may be deductible for income reasons”.
UFC says it believes the updated offer addresses Boulware’s problems. The plaintiffs, along with both sides, claim that their initial settlement was “fair,” but that UFC also believes that “it is in the best interests of all parties to take this dispute to a close.”
As part of Thursday’s news, TKO—a publicly traded company —filed an SEC 8-K type reiterating the story of the dispute and the settlement trials.
There’s no ensure Boulware will give tentative approval. If he is n’t satisfied, he was issue another rejection.
However, as Sportico explained, it is rare for a judge to deny preliminary approval of an antitrust class action, especially since doing so prevents the beneficiaries ( here the fighters ) from a chance to weigh in. The fighters would be informed of the settlement terms after the judge gave tentative approval. They would have the option of withdrawing from and/or objecting at a justice hearing. Boulware’s decision to grant final acceptance is a different issue.
If the colony collapses, Le may returning to the case. UFC may be armed with a number of defenses. Given that there would be many layers of appeal, the cases, specifically Johnson, which is in an earlier stage and could be settled individually, would likely take several years to complete. There would be a lot of danger on both edges. The soldiers ‘ success would likely result in the UFC receiving more money, but a loss would likely result in nothing for them.
( A previous version of this story incorrectly stated that the Johnson event was a part of the settlement. It now clarifies that the settlement is only for Le. )