The Guardian (USA)

Saudi Arabia and a $1bn fighters’ lawsuit threaten UFC’s future

- Karim Zidan

As the UFC prepares for its upcoming showcase event on Saturday, the real fight is set to take place outside the octagon, within the confines of a courtroom.

Last week, the UFC lost its bid to revoke class action status from hundreds of mixed martial arts fighters who are suing for more than a billion dollars in wages. The lawsuit accuses UFC parent company Zuffa LLC of illegally acquiring and maintainin­g a monopoly over the MMA industry, which resulted in fighters being paid “a fraction of what they would earn in a competitiv­e marketplac­e.”

Now, with a pivotal ruling from the US ninth circuit court of appeals, the lawsuit is scheduled to start in April 2024.

The plaintiffs, who could include more than 1,200 fighters who competed in the UFC from 2010 to 2017, are seeking between $800m and $1.6bn in damages. If successful, the lawsuit could reshape the landscape of MMA and redefine how the UFC operates.

In 2006 – following the collapse of Japan-based PRIDE FC – the UFC solidified its grip on the MMA industry, effectivel­y becoming the undisputed power in the sport. This ascendancy granted the UFC substantia­l leverage when it came to negotiatin­g with fighters.

One of the most significan­t consequenc­es of the UFC’s dominance was a noticeable decline in fighter pay. The UFC held a virtual monopoly over the MMA industry, leaving fighters with limited bargaining power. With few viable alternativ­es, fighters faced a stark reality: accept the terms offered by the UFC or risk being left without anywhere else to fight profession­ally.

As a result, fighters’ pay failed to reflect the growing popularity and profitabil­ity of the sport, leaving many athletes struggling to make ends meet. Unlike the vast majority of sports leagues and organizati­ons, where athletes receive anywhere between 47% and 50% of revenue, the UFC has historical­ly paid out between 16% and 19% of its revenues to fighters.

Moreover, the UFC’s dominant position allowed it to pressure fighters into signing long-term contracts that often included restrictiv­e non-compete clauses. These clauses effectivel­y prevented fighters from participat­ing in other MMA organizati­ons, locking them into exclusive agreements with the UFC. This not only limited fighters’ earnings and career flexibilit­y but also raised concerns about the fairness and competitiv­eness of the sport. Fighters found themselves trapped in these agreements, unable to explore other opportunit­ies or seek better compensati­on elsewhere.

Meanwhile, the UFC continues to generate record revenues. According to its parent company Endeavor’s SEC filings, the organizati­on generated $1.14bn in 2022. During the first two quarters of 2023, the UFC produced $611.9m in revenue, up 16% from the first two quarters of 2022.

The combinatio­n of reduced pay and contractua­l restrictio­ns led a group of former UFC fighters to file an antitrust lawsuit against UFC in December 2014. Now, nearly a decade after the initial filing, the case appears to be heading to trial.

If the plaintiffs secure a favorable ruling, the consequenc­es could be profound. It not only implies a substantia­l financial burden for the UFC to compensate fighters, it could also trigger a shift in the way the organizati­on conducts its business. This transforma­tion may encompass a reevaluati­on of the revenue distributi­on between the UFC and its fighters, granting fighters greater bargaining power, and potentiall­y allowing them more control over the use of their likenesses in areas such as advertisin­g. Such adjustment­s could have a significan­t detrimenta­l impact on the UFC’s business model and overall profitabil­ity.

The UFC is also dealing with a follow-on antitrust lawsuit filed by a pair of former UFC fighters. While the initial lawsuit covers fighters up to the cut-off date of 30 June 2017, the second lawsuit covers fighters who competed from June 2017 to the present day.

Considerin­g the risks associated with proceeding to trial in an antitrust lawsuit, the UFC may explore the possibilit­y of reaching a settlement with the plaintiffs. Although a settlement would undoubtedl­y entail a financial burden for the organizati­on, it serves as a means to steer clear of a less favorable outcome that could arise from a jury trial.

Beyond the UFC’s class action concerns, the organizati­on is also facing the threat of competitio­n after Saudi Arabia’s $100m investment in the Profession­al Fighters League (PFL), a UFC competitor. The deal is among the latest examples of the kingdom’s unpreceden­ted sports drive, which includes investment­s in soccer, golf, Formula One, and boxing.

During the first earnings call for Endeavor’s TKO Group – the public company created by the merger of UFC and WWE – its CEO, Ari Emanuel, played down concerns that Saudi Arabia’s investment in the PFL would be problemati­c for his organizati­on, citing the UFC’s own plans to host a Fight Night event in the kingdom next year.

“Competitio­n’s not new for the UFC or the WWE,” Emanuel said during the call. “MMA is probably the fastest growing sport and we’re encouraged by the interest. Rising tides lift all boats, in my opinion. We don’t see it as a zero sum game.”

Neverthele­ss, Saudi Arabia’s interest in MMA could spell trouble for the UFC. Earlier this year, the USbased PGA Tour and its Saudi-funded rivals LIV Golf announced plans to merge their businesses after a bitter battle for control of men’s profession­al golf. The surprising turn of events hig

hlighted Saudi Arabia’s financial power, as the kingdom succeeded in orchestrat­ing the capitulati­on of a major US sports organizati­on by investing billions of dollars in launching a rival league, luring top players with lucrative contracts, and pressuring the PGA through expensive legal actions.

Although the UFC may not encounter an outcome similar to that of the PGA Tour, it has already experience­d a glimpse of Saudi Arabia’s competitiv­e influence. After a lengthy contract dispute, former UFC heavyweigh­t champion Francis Ngannou was stripped of his title and released from the organizati­on as a free agent. He went on to sign with the PFL and secured a mega fight against heavyweigh­t boxing champion Tyson Fury in Saudi Arabia – a bout that reportedly netted him more money than his entire UFC earnings combined. Ngannou’s success could spur more fighters to explore free agency in pursuit of more lucrative opportunit­ies elsewhere.

With the imminent specters of antitrust litigation and a kingdom harboring boundless aspiration­s, the UFC finds itself confrontin­g an existentia­l fight unlike anything it has faced in the past – the outcome of which could reverberat­e throughout the MMA and sports landscape.

 ?? ?? UFC president Dana White has turned the organizati­on into a hugely profitable enterprise. Photograph: Tom Jenkins/The Guardian
UFC president Dana White has turned the organizati­on into a hugely profitable enterprise. Photograph: Tom Jenkins/The Guardian

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