NFL, Fanatics Face Fresh Claims They Conspire To Dominate Online Market For NFL Licensed Apparel

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NFL Fanatics Licensed Apparel Class Action Lawsuit Overview: 

• Who: A group of NFL licensed merchandise purchasers have filed a class action lawsuit against the National Football League and Fanatics Inc.
• Why: Apparel buyers claim the NFL and Fanatics work together to dominate the market for NFL licensed apparel online and push out the competition. 
• Where: The class action lawsuit was filed in New York federal court. 

The National Football League (NFL) and Fanatics Inc. are facing new antitrust claims that they work together to dominate the online market for NFL licensed apparel.

Plaintiffs Saul Maldonado, Dean Santos, Lesia Dunn, Kimberly Ann Marckmann and Louis Hibbs claim the NFL and Fanatics have an exclusive deal to sell officially licensed merchandise.

The class action lawsuit filed in New York comes only days after similar allegations, filed separately by consumers and an Amazon third-party retailer, were voluntarily dismissed in a California federal court, Law360 reports.

Maldonado, Santos, Dunn, Marckmann and Hibbs, all of whom have bought NFL licensed products directly from the NFL and Fanatics, claim further that the two boycott other sellers who have purchased merchandise for resale on places such as Amazon’s Third-Party Online Marketplace. 

“This boycott eliminated defendants’ competitors who would have charged lower prices for NFLlicensed products sold online,” the class action lawsuit states. “In so doing, the boycott removed the downward pressure on prices and margins that, absent the conspiracy, would have otherwise flowed directly from enhanced competition.”

NFL, Fanatics Have Successfully ‘Dominated’ The Market, Buyers Say

Buyers claim NFL and Fanatics, having successfully “dominated” the market for NFL licensed apparel online, now work together to further reduce competition rather than compete with one another. 

“The conspiracy as a whole, and each individual part, have allowed Defendants to charge supracompetitive prices for NFL Licensed Products and share the monopoly profits among themselves,” the class action lawsuit states.

Buyers want to represent a nationwide class of consumers who have purchased NFL licensed products online from Fanatics, the NFL or any of its 32 franchises.

Maldonado, Santos, Dunn, Marckmann and Hibbs claim the NFL and Fanatics are in violation of the Sherman Act and the Clayton Act.

Plaintiffs are demanding a jury trial and requesting injunctive relief along with treble damages for themselves and all class members.

A separate class action lawsuit was filed against the NFL last month by former Miami Dolphins Head Coach Brian Flores, who claimed he had been racially discriminated against after the New York Giants did not hire him for a head coaching position. 

Have you purchased NFL licensed apparel directly from the NFL or Fanatics Let us know in the comments! 

The plaintiffs are represented by William J. Ban, Michael A. Toomey, Jeffrey B. Gittleman, and Stephen R. Basser of Barrack Rodos & Bacine, Warren T. Burns, Christopher J. Cormier, Spencer Cox, and Patrick Murphree of Burns Charest LLP, Dena C. Sharp, Adam E. Polk and Kyle P. Quackenbush of Girard Sharp LLP and Andrew M. Purdy of Brown Neri Smith & Khan LLP.

The NFL Fanatics Licensed Apparel Class Action Lawsuit is Maldonado, et al. v. National Football League Inc., et al., Case No. 1:22-cv-02289, in the U.S. District Court for the Southern District of New York

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