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‘Whenever, wherever’: UFC vets suit up for risky trial after judge axes antitrust settlement

A group of fighters have been battling the UFC in court for the past decade. But after a federal judge pulled their $335 million settlement last week, they could come up empty-handed.

(CN) — Nate Quarry has been fighting for fairer pay within the Ultimate Fighting Championship for the better part of the last decade. In March, it looked like his fight had finally paid off when a group of former fighters reached a $335 million antitrust settlement with the fight promotion.

That was until last week, when a federal judge axed the agreement and urged the parties to go back to the negotiating table with an October trial date looming if no new settlement is reached.

For Quarry, now 52, the debacle took him right back to his days in the cage.

“As fighters, your opponent gets changed, the date gets changed. You’re fighting, then you’re not fighting,” Quarry told Courthouse News. “You just have to be ready for the fight, whenever, wherever it comes.”

From 2005 to 2010, Quarry was one of the UFC’s top middleweights, boasting an impressive 7-3 record with the organization. Now, he’s one of many former fighters accusing the UFC of monopolistic business practices, which he claims the promotion uses to quell competition and keep fighter pay low.

He’s a named plaintiff in Le v. Zuffa, the first of two ongoing class action antitrust cases against the UFC’s parent company, aimed at recovering lost wages for ex-fighters. The other case, Johnson v. Zuffa, looks to implement changes to the UFC’s business model to make the MMA market more competitive. 

March’s settlement would have put an end to both cases. Fighters in the class would have netted an average of $200,000 under the agreement, with payment to fluctuate based on the athletes’ number of bouts and time in the UFC. 

The settlement also included a number of changes to the UFC’s business model, including more freedom to fighters during contract negotiations and enhanced name and likeness rights for the athletes.

Those would have been welcome changes for former UFC lightweight Gray Maynard, who fought in the UFC from 2007 to 2018. He told Courthouse News that in 2014, the UFC locked him into a predatory contract to keep him from going to another promotion. 

On that contract, he recalled earning just $42,000 per bout — including two high-profile title fights — which only goes so far when having to pay for training, travel, management, recovery and other expenses. At best, fighters like Maynard compete three times per year. But because of injuries and the limited number of opponents for elite fighters like him, once or twice was far more common.

During his UFC stint, Maynard said he worked construction on the side to make ends meet. Sometimes, he’d go straight from the job site to the cage, like in 2013, when he went from working on a client’s house in the morning to fighting Nate Diaz on pay-per-view later that night.

“We were remodeling a house,” Maynard said. “I was trying to look for other ways to make money. After my first title fight, I knew this wasn’t a sustainable career.”

The 45-year-old is part of the Le class. He said he wasn’t sure how much money he would have been entitled to if the settlement had gone through. Based on court documents, it would have been well into the six figures.

But after U.S. District Judge Richard Boulware pulled the agreement last week, fighters like Maynard and Quarry could come out of this yearslong legal battle empty-handed. 

Boulware, an Obama-appointed federal judge in Nevada, didn’t immediately provide reasoning for his decision. At previous hearings, he appeared skeptical of the $335 million settlement offer, considering the UFC could be on the hook for billions if these cases go to trial.

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According to combat sports lawyer Erik Magraken, Boulware seems to think the fighters have two strong cases in Le and Johnson, and doesn’t want them settling for less than $1 billion and game-changing injunctive relief against the UFC.

“The judge has made it very clear that he believes the UFC is operating as an unlawful monopsony, and that they’re liable for a host of antitrust violations in maintaining their position of power,” Magraken said.

Pulling the settlement was an unusual move from the judge, Magraken said, but it’s not unprecedented.

“If the settlement was approved, it essentially locks the UFC into their position of power,” he added. “I think we have a judge who's really concerned that, by doing that, it won’t be fair to many of the class members.”

The UFC’s influence in the MMA sphere cannot be overstated. It reportedly controls around 90% of the market, and has much of the sport’s top talent locked into exclusive contracts that keep them from moving elsewhere. These antitrust cases threaten the UFC’s dominance — verdicts against it could not only cost the UFC billions in damages, but force it to loosen its grip on the market by giving up some control over its athletes.

Settling is good for business, according to Magraken. UFC shareholders reacted to the March agreement with a 7% bump in the company’s stock price. 

“I can’t imagine that the UFC doesn’t want it settled, even if that means they have to pay more money, because the risk to their business model is potentially catastrophic,” Magraken said.

When Boulware rejected the settlement last week, UFC President Dana White cried foul, suggesting that the judge has a “very, very personal” vendetta against him.

The UFC has a lot to lose. But so do the fighters, many of whom have been invested in these proceedings for the past decade. No settlement means the case will likely fall into the hands of a jury in Las Vegas, where the UFC is headquartered and puts on its biggest shows.

“It’s tough to get a unanimous jury to agree on something as complicated as antitrust law,” Magraken said.

Quarry agreed.

“The UFC just has to win one person in a jury of [eight],” he said. “They just need one person to say, ‘Well, they signed a contract.’ So it is a very difficult thing.”

Even if the fighters win at trial, a lengthy appeals process is likely to follow. That’s when the UFC’s political prowess could come into play. White has a budding friendship with Donald Trump, the Republican presidential nominee in this year's election. A Trump presidency could mean the appointment of more MAGA-friendly federal judges, who would presumably be less likely to accept an antitrust verdict against the UFC.

“This is already a 10-year-old case,” Magraken said. “Having it dragged through the appellate process while fighters are waiting for their compensation, that’s a very real and a very fair concern to the men and women who wanted the settlement to go through.”

Beyond White, Trump has numerous other ties to the UFC. His campaign spokesman Steven Cheung previously served as the promotion’s director of communications. During Trump’s presidency in 2016, he appointed UFC lobbyist Makan Delrahim to lead the Justice Department’s antitrust division.

These risks only heighten the stakes for Maynard and Quarry, who remain stoic in the face of a risky jury trial.

“It’s like going into a fight, right?” Maynard said. “You try not to think about the outcomes.”

If no new agreement is reached in the coming weeks, then Le will head to trial on October 28. Meanwhile, the parties will prepare for discovery in Johnson, the newer of the two cases. 

Time is of the essence, particularly considering Boulware’s seemingly high bar for approval and the UFC’s insistence on settling both cases at once. But Quarry remains confident — he’s been through tougher battles before.

“That really is the name of the game, and that’s what makes fighting so exciting,” Quarry said. “The pressure of it all, the pressure to perform, it’s just taxing, tiring. In this situation, it’s the same thing. This is what we’re preparing for, and we’re ready to move forward.”

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