Plaintiffs in the UFC antitrust lawsuit – including former UFC fighters Cung Le, Jon Fitch, Kyle Kingsbury, and Brandon Vera – struck a key victory late last year when the 9th U.S. Circuit Court of Appeals denied the MMA promotion’s request to appeal class certification.
The ruling, delivered in a one-page document by U.S. District Judge Richard Boulware of Las Vegas back in November, was a big loss for the UFC, whose lawyers hoped to pause the case for another two to three years as the appeals process played out. Instead, Boulware’s denial means the lawsuit, which was filed in December 2014, is headed for an upcoming April 8 trial date – unless a settlement is reached before then.
Suffice to say, the 9-year-old case is fast approaching its most critical period, which, in addition to paying damages, could result in major changes for how the UFC conducts business.
Nothing about the case apparently worries UFC CEO Dana White, who said as much when asked by Sportsnet’s Aaron Brosteter if he’s concerned about facing a potential trial.
“No. Literally zero,” White said on Thursday, two days before UFC 297 in Toronto. “I never think about it ever. It has nothing to do with me.”
White on Jones: ‘F*ck that punk’
In actuality, the case has plenty to do with White, who was hired as UFC president in 2001 by then-Zuffa owners Frank and Lorenzo Fertitta. Documents recently unsealed in the antitrust case have revealed harsh negotiating tactics executed by UFC executives, including White.
In White’s deposition from Aug. 9, 2017, a text-message exchange between White and Lorenzo Fertitta revealed a ruthless attitude toward Jon Jones. In May 2014, the promotion wanted to book Jones against Alexander Gustafsson at UFC 165, but Jones wanted to fight Daniel Cormier instead, which caused issues.
“What’s up with Jones? Did he straighten up or is he still being a scumbag?” White texted Fertitta at the time.
“Still a douche, but we’re inching closer,” Fertitta replied. “Haven’t moved on money, but sent the letter with an ultimatum.”
“Awesome,” White responded. “F*ck that punk, Lorenzo. He needs to know we don’t need him, or he will f*ck us over more than he already does.”
‘Cut throat nasty business’
More brutal business practices were revealed in another text-message exchange between White and Fertitta after the promotion successfully blocked Gilbert Melendez from joining to Bellator thanks to its restrictive contract clauses.
“Bro, u know i love u to f*kn death as it is but what u pulled off this week with Melendez and ‘other dude’ is fukn BAD ASS!” White wrote. “F*kn cut throat nasty business like u see in movies!!”
“We gotta keep taking these f*ckers oxygen till they tap out. We have sacrificed too much to let anyone get traction now,” Fertitta replied.
“I agree! U r 100% correct and i LOVE IT,” White wrote back.
The plaintiffs in the case allege that the UFC suppressed fighter pay through anti-competitive tactics such as shutting out competition and controlling the market for top-level fighters. If proven during trial, the UFC would stand to pay up to $1.6 billion in damages to 1,200 fighters who competed for the promotion from 2010 to 2017.
