EA Asks Court for Motion to Dismiss NCAA Antitrust Lawsuit

Electronic Arts filed a motion yesterday asking the court to dismiss the complaint in the antitrust lawsuit filed by current and former collegiate athletes against the company, the NCAA and the Collegiate Licensing Company (CLC) – according to a Polygon report. The thrust of EA's argument in that motion is that it should not be part of the lawsuit.

The lawsuit was filed by Ed O'Bannon, a former star at the University of California, LA but was later joined by former and current college athletes. Lawyers for O'Bannon were seeking to get the lawsuit certified as a class action. On July 18 lawyers for the Plaintiffs amended the previous complaint to include six current NCAA athletes. The court will rule whether the plaintiffs' case is a certified class-action suit or not in a September hearing.

EA is asking the court for an opportunity to file a motion to dismiss the third amended complaint on the grounds that the company is entitled to test the "legal sufficiency" of it. EA contends that the complaint fails that legal sufficiency test.

"All [the complaint] alleges is that EA agreed to follow the NCAA's rules regarding using student athletes' names and likenesses," said EA in its request to the court. "That is not a viable antitrust claim. EA does not belong in this antitrust action that centers on the NCAA's adoption and enforcement of its rules."

EA is basically trying to take itself out of the case by putting the blame on the NCAA. You can learn more here (EA's Notice of Motion dated July 29) and here (EA's motion to dismiss dated July 29). Earlier this month the NCAA announced that it would let EA's license expire in June 2014.

Source: Polygon

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