THE CLINCH REPORT

I wonder how long it will take Tito to sign the lawsuit!

By: Jonathan M King The Clinch Report

This week three fighters Jon Fitch, Nate Quarry, and Cung Le announced their filing of a lawsuit claiming violations of the Sherman Anti Trust Act, against their former employers The UFC. The lawsuit had been a poorly kept secret for last two years, with most industry insiders hearing tell about the suit over 2 years ago.

Basically the three fighters claim that the UFC uses its industry clout to crush competition, which history cannot deny. The UFC has bought out all of their major competitors including Pride, Elite XC, Affliction, Strikeforce, and the WEC which the UFC merged with creating the lower weight class structure.  Since then The World Series of Fighting and Bellator MMA have emerged, but neither have attained anywhere near what could be considered ‘competitor’ status. They even use Whites own social media postings as evidence to efforts to “kill” his competition.

Where there is smoke?:

With the Reebok uniform deal now in place it appears the UFC is trying to control all of the income generated by their fights. Fighters will no longer be able to pick and choose sponsors, and will be paid on a scale based on the fighters position in the rankings. The move according to Dana White will result in the UFC “Not making a dime of the deal!”. Which I find to be completely bullshit! If the deal is not resulting in profit, than why were the financial terms not disclosed? One reason is so White could say just that! The statement is a hapless attempt at trying to appear to be on the side of fighter advocacy. The idea was to make this deal look like it was done FOR the fighters benefit, which may be a side effect, but it definitely was not the reason!

Another source of the smoke, are the personal vendettas that were used to form policy that affected the fighters ability to earn. Fighters carry sponsorship on contract. Some of these sponsors have found themselves on the wrong side of the UFC’s wrath for sponsoring fighters who fight outside of the world leader. Companies like RVCA, Affliction, and many others have been banned at times, removing their fighters opportunity to earn. When Apparel company RVCA sponsored the one fighter the UFC couldn’t sing Fedor Emeliananko, they were banned from the UFC. Essentially removing several fighters primary sponsor, including a guy who built the UFC BJ Penn! A petulant move by a company that has essentially become an industry!

The UFC is the greatest fight organization on the planet. Dana White and the Ferttita brothers took a failing competition and built upon the foundation an empire that is at the head of a billion dollar global sport. They are the impetus, the Alpha and the Omega. They are great men, who have exceeded every expectation to date. They donate millions of dollars, consistently provide for our troops, and always give back to the cities that host their events. They do a ton of good things. You may not like Dana White, but there is no denying he is the best promoter on the planet. I don’t want this to be perceived as a “bash the UFC” piece because that is not the intention.

They also pay the fighters more than any other organization. UFC fighters are treated better than any other organization. However that is still not enough. When the uniform policy was announced, the UFC brass likened the move to the NFL and NBA, stating those players had a dress code, and couldn’t wear sponsors. This of course is true. It is also true that both NBA and NFL players have pensions, and healthcare, and a union that is consistently looking out for the players best interests! Yet UFC fighters are without both. Lets keep making comparisons to NFL and NBA players don’t just stop where your point looses steam!

NBA and NFL players are also guaranteed money and the bonus structure is defined in writing. If a player under contract is cut, he still gets paid! Players are also paid for their likenesses in video games. In fact the game Madden NFL has to come to agreements with the NFL and the NFLPA (players association) in order to use player likenesses. That means all players benefit, because the players union distributes that money. So I think the UFC brass should continue their line of thinking, by all means, just follow the logic. If they did, they would see the fighters point of view.

Major Problem with the lawsuit:

“When trouble arises and things look bad, there is always one individual who perceives a solution and is willing to take command.  Very often, that person is crazy.”  ~Dave Barry

The three fighters involved with the suit all have baggage. Nate Quarry has always been a staunch critic of the UFC’s business practices, and is considered somewhat of a curmudgeon by other fighters. Cung Le just failed a well documented PED test, and although he has since been exonerated on a technicality, he is being looked at as a guy who is just pissed off at the UFC for the way they treated him following his failed test. Jon Fitch is the lone gunmen who could garner some support. Fitch was at one time the captain of Team AKA which features some of the most notable fighters in the UFC. He is well respected fighter but he is a quiet guy, and has never been the type to make a lot of noise. Unfortunately for these three that is what they need. They need a mouth like Quarry, with the respect of Fitch. I am not trying to bash these guys, I agree with their points, I just wonder if they were the best choice. Maybe they are, but I do not think I am off base looking into their past as reason for their motivations. Just playing devils advocate.

Of course the suit is geared to gain more names, however with so many staying silent. It may take a while. Most fighters and managers are keeping quiet publicly, although they are all inquiring privately. Essentially that is the problem and the major hurdle. Everyone is scared to anger the big bad UFC. After all, the ban hammer falls equally on sponsors and fighters the like, managers too! Like the Dave Barry quote states, the guy who stands up to take charge is very often crazy, but does that extinguish the need? No it doesn’t, it just extinguishes the fire, making the smoke that much more difficult too see!

Hopefully this suit solidifies the fighter base. That would be the best result. If the fighters emerge with one voice, looking out for their interests than this suit will serve the industry. In the end a fighter union is what is needed. One that represents fighter advocacy as their primary function. However, they must be careful not to fall in the same pit that most MMA manager find themselves currently in! Represent our fighters interests, or anger the big bad UFC? Unfortunately for the fighters fortune favors the bold, and most MMA managers are the exact opposite!