This case principally considerations monopsony energy, the lesser recognized cousin of monopoly energy. The fighters say the U.F.C. is a monopsony, which is when there may be one dominant purchaser of a selected good or service — on this occasion, the U.F.C. shopping for combating providers. So few monopsony instances attain trial that every one is nearly by definition precedent-setting.
“That is a completely novel case so far as I’m conscious of,” stated Marshall Steinbaum, an economics professor on the College of Utah. Most labor-related antitrust lawsuits concern issues like anti-poaching agreements or disputes between firms, not employees suing employers. “There’s no typically accepted precedent about what constitutes damages arising from labor market monopsony,” Steinbaum stated.
This case might additionally hinge on the definition of damages. Quite than have a look at a person fighter and argue that unlawful conduct by the U.F.C. suppressed his or her wages, the financial consultants for the plaintiffs regarded on the total group of fighters and stated the U.F.C.’s conduct suppressed their general share of U.F.C. income.
Whereas wage share is often utilized in skilled sports activities, the U.F.C. argues it is because unions representing athletes select to discount primarily based on it, not as a result of there may be any authorized proper to a particular share of wages. Because the U.F.C. has grown, so has fighter earnings, the corporate’s legal professionals say, exhibiting that fighters have benefited from the corporate’s conduct. If the decide permits the plaintiffs to make a wage share argument, it would open the floodgates to class-action lawsuits throughout the nation on this foundation, they warn.
“Whether or not within the sports activities business or in different industries, the courts — with good motive — usually are not within the observe of telling market contributors what share of income they need to assign to compensation,” William A. Isaacson, a companion at Paul, Weiss and the lead counsel for the U.F.C., wrote in an electronic mail. He added that doing so would “function a dangerous disincentive to ingenuity, risk-taking, and funding” and that former fighters being sad with their compensation “doesn’t equate to an antitrust violation neither is it adequate to display antitrust damage.”
Different legal professionals disagree. Hiba Hafiz, a professor at Boston Faculty Regulation Faculty who labored for the plaintiffs earlier within the case, stated the U.F.C.’s suggestion that wage share is novel was merely “a litigation technique.”
Sports activities labor markets are completely different from most different labor markets, she stated. In sports activities, “a direct relationship might be measured between athlete efficiency and income generated by the sports activities group,” stated Hafiz, making wage share an acceptable metric. That isn’t the case with, say, Subway sandwich makers or laptop programmers. Whereas their labor has worth, it’s nearly not possible to tie on to an organization’s general income.