MLW's lawsuit against WWE moving forward, court date TBD

[Jay Kong]

I doubt MLW will win this, but it would great if they did.

 

[Deezy]

IF WWE wanted to monopolize the market, they would've strong armed PPV when AEW launched.....or idk, report Dynamite and Rampage to the FCC over their language offences.

MLW means jack shit to them.

 

[Chris]

The Northern District of California's U.S. District Court has granted WWE's request to dismiss an antitrust lawsuit MLW filed against them in January 2022.

However, "the Court finds that additional allegations may cure the deficiencies outlined above and in WWE’s Motion," and thus, MLW has 21 days to appeal via an amended complaint.

Among their reasoning for the initial dismissal, "The Court finds that MLW has not included sufficient facts to plausibly allege a relevant antitrust product market" and that their "allegations are insufficient to plausibly allege a relevant product market."

In other parts of their reasoning, the Court stated that MLW simply didn't provide sufficient evidence and facts backing up their allegations.

MLW had filed an antitrust lawsuit against WWE that claimed WWE pressured third parties like Tubi (Fox) and Vice to abandon contracts and prospective relationships with them.

In their statement, it read that some of the harms (MLW) "has alleged—e.g., loss of contract revenues due to WWE’s interference—are specific to MLW, rather than to competition at large."

"MLW includes a single allegation that consumers would have increased access to higher quality professional wrestling entertainment content at lower prices but for WWE’s conduct, but it appends no additional facts to support this conclusion," the statement read, citing another case.

With Monday's dismissal, WWE's previous protective order request from earlier this was denied as a moot point. WWE had filed a request to dismiss shortly after the suit was filed, but in December, it was determined the case would move forward.

https://www.f4wonline.com/news/wwe/wwe-motion-to-dismiss-initial-mlw-lawsuit-granted-amendment-possible

 

[Alexa]

God Bless Capatialism

 

[Chris]

WWE is making another attempt to put the MLW lawsuit behind them, filing a motion to dismiss the amended version of the suit Friday.

The motion argued that MLW has still failed to prove "antitrust claims for monopolization or attempted monopolization" against WWE.

First filed in January 2022, a judge dismissed MLW's initial antitrust lawsuit in February 2023 and gave them 21 days to either amend the complaint which they did.

WWE used examples of MLW's deal with Reelz, AEW's expanded media rights deal with Warner Bros. Discovery, and Women of Wrestling's deal with CBS Media Ventures to prove their point that other companies can compete in the market.

WWE also addressed MLW's complaint in the amended lawsuit regarding complications that see MLW Underground blacked out on Reelz on Peacock due to WWE's exclusive deal with the NBCU-owned streamer. They stated in the motion that MLW could make deals with any streaming service and that Reelz approached Peacock after the MLW deal was already done.

They also denied MLW's claim about WWE "blacklisting" wrestlers who work for them, using Matt Riddle and Karrion Kross signing with WWE as recent examples.

In the motion, WWE also pointed out that during the course of the last year, they had to send a cease and desist letter in June 2022 to MLW regarding the use of the name nZo and an NWO-style logo for the former Enzo Amore who changed his name to Real1 around that time. They also cited the use of the name WarGames and their past IP issues surrounding that.

It's unknown when the judge is expected to rule on this latest motion.

https://www.f4wonline.com/news/wwe/wwe-files-motion-to-dismiss-amended-mlw-lawsuit

 

[Death By Looch]

It's funny to see how WWE not only has to acknowledge the existence of AEW and other promotions, but also has to use their business accomplishments for their own defense.

 

[Chris]

WWE has filed an updated response in their effort to dismiss the MLW lawsuit, now in its second version.

In the 20-page document filed Monday, WWE stated that "MLW’s opposition to WWE’s motion to dismiss...is without foundation in truth and is contradicted by its own allegations."

WWE initially filed a motion to dismiss MLW's amended lawsuit in April to which MLW responded.

As part of their rationale for asking for the suit to be dismissed, WWE stated that reports emerged that AEW had "expanded the sale of its media rights to WarnerBros.-Discovery (“WBD”) for a reported $240 million per year."

Citing that, the Women of Wrestling syndicated show expanding and selling media rights for "millions of dollars" and MLW's own new deal with FITE for their live events, "it is no surprise that MLW’s antitrust claims are inherently doomed."

From the motion:

"MLW has not and cannot plausibly allege relevant product or geographic markets around media rights for professional wrestling. MLW has not and can never plausible allege direct or circumstantial evidence of WWE possessing monopoly power over television networks and streaming services.
And MLW has not and can never plausibly allege antitrust injury or standing when it and other alleged competitors are, by public admissions, thriving. As for MLW’s tacked-on state law claims, the Court should dismiss them for lack of diversity and/or supplemental jurisdiction and because they remain as facially implausible as they were in MLW’s original complaint."

That original complaint was filed in January 2022 as part of an antitrust lawsuit where MLW claimed WWE pressured third parties like Tubi to abandon TV deals with them.

This past February, the judge dismissed the lawsuit but gave MLW the option to file an amended version as they found no evidence of antitrust.

Here's the timeline of events since the initial complaint:

• March 2022: WWE files motion to dismiss initial lawsuit
• December 2022: MLW lawsuit moves forward, trial date to be determined
• January 2023: WWE files protective motion in MLW lawsuit
• February 2023: WWE motion to dismiss MLW lawsuit granted, judge gives MLW option to file amended lawsuit
• February 2023: MLW asks court to deny protective order
• March 2023: MLW files amended lawsuit
• April 2023: WWE files motion to dismiss amended MLW lawsuit
• April 2023: MLW responds to WWE motion to dismiss

https://www.f4wonline.com/news/wwe/wwe-files-updated-response-to-dismiss-amended-mlw-lawsuit

 

[Chris]

A U.S. District judge in San Jose, California, has denied WWE's motion to dismiss MLW's amended antitrust lawsuit, meaning the proceedings will continue.

In his 14-page statement, judge Edward Avila disagreed with several points in WWE's motion, including their stance that wrestling is an interchangeable programming option for broadcasters and that "the Court finds that MLW has sufficiently pleaded circumstantial evidence of WWE’s monopoly power" wheres WWE feels rights holders like NBCUniversal and Fox wield the power due to WWE receiving 85% of their revenue from TV rights.

MLW first filed the lawsuit in January 2022 and was allowed to file an amended version of the suit in March 2023 after the judge in the case granted WWE's motion to dismiss a month prior.

From Thursday's denial:

"At the pleading stage, MLW’s allegations of the revenues generated from the sale of professional wrestling media rights, and WWE’s 92% share of that revenue (with the next largest competitor possessing a 6% share), are sufficient to show dominance in the market."
"In addition to defining the relevant market and alleging WWE’s dominance in that market, MLW has also sufficiently alleged barriers to entry, as required to show circumstantial evidence of market power."

MLW is claiming that WWE has violated the Sherman Act of which the motion to dismiss was attempting to argue otherwise. The Court's denials focused on the various parts of the Act as relates to this specific case.

Here's two other passages from the denial:

"The Court also found that "MLW has sufficiently alleged that WWE engaged in anticompetitive conduct with respect to foreclosure of distribution channels. The Court need not address the parties’ arguments regarding foreclosure of wrestling talent and arenas."
"The Court finds that MLW has sufficiently alleged antitrust injury. As described above, the FAC alleges that WWE engaged in exclusionary conduct, including foreclosure of primary content distribution channels, in an attempt to continue to dominate the professional wrestling media rights market."

Here's the timeline of events since the aforementioned initial complaint:

• March 2022: WWE files motion to dismiss initial lawsuit
• December 2022: MLW lawsuit moves forward, trial date to be determined
• January 2023: WWE files protective motion in MLW lawsuit
• February 2023: WWE motion to dismiss MLW lawsuit granted, judge gives MLW option to file amended lawsuit
• February 2023: MLW asks court to deny protective order
• March 2023: MLW files amended lawsuit
• April 2023: WWE files motion to dismiss amended MLW lawsuit
• April 2023: MLW responds to WWE motion to dismiss
• June 2023: Judge denies WWE's motion to dismiss

https://www.f4wonline.com/news/wwe/judge-denies-wwe-motion-to-dismiss-amended-mlw-antitrust-lawsuit

 

[Smart Marx]

I had a feeling the lawsuit was going to move forward after the whole thing that got underground canceled.

 

[Death By Looch]

This is still going on? Hot damn.

Fuckin' lawsuits... they should settle it like it's always been settled in the business. In the ring.

 

[Wiseman]

This is still going on? Hot damn.

Fuckin' lawsuits... they should settle it like it's always been settled in the business. In the ring.

Damn, I thought you meant with a duel for a second.

 

[Death By Looch]

Damn, I thought you meant with a duel for a second.

I mean sure, why not. Have Vince and whoever runs MLW do an old school duel.

 

[Smart Marx]

Part of me thinks Vince would love a duel.

I’ve always had a hunch he might actually despise MLW specifically because Court was a former wwe writer. Vince probably sees it as a loyalty issue.

 

[Death By Looch]

I also think Vince secretly would've loved to fight Eric Bischoff back in the day.

 

[Deezy]