| US Soccer Fends Off
Antitrust Suit Which Alleged It Conspires With
FIFA
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
July 22 – U.S. Soccer
Federation was sued for
anti-competitive collusion
with FIFA to block Relevant
Sports LLC from sponsoring
games including of La Liga
players in the US.
On
June 17 U.S. District Court
for the Southern District of
New York Judge Valerie E.
Caproni held a proceeding.
Inner City Press covered it.
Among the questions was
whether FIFA constitutes an
indispensable party under Rule
19(b).
Judge
Caproni asked about remedies;
she said, The competition that
is being thwarted is the
competition that would
otherwise be provided to US
soccer teams by foreign teams
being permitted to play in the
US - there is a separate
market for friendlies.
Judge
Caproni asked plaintiffs'
lawyer: Your Ecuadorian match,
you could have gone forward,
no?
The lawyer
answered, They said, only if
you get USSF sanction. FIFA
does not sanction in US, it
authorizes USSF as
co-conspirator to sanction.
Now in July Judge
Caproni has ruled: "
OPINION AND ORDER: re: [32]
MOTION to Compel Arbitration
or in the alternative to
Dismiss the Complaint filed by
United States Soccer
Federation, Inc. For the
foregoing reasons, Defendant's
motion to compel arbitration
is GRANTED as to Plaintiff's
tort claim; litigation
regarding Count II is stayed
in the meantime. The parties
must provide joint quarterly
updates on the status of the
arbitration proceeding. The
first such update is due by
November 1, 2020; thereafter,
reports are due every three
(3) months on the first
business day of the applicable
month. Defendant's motion to
compel arbitration is DENIED
asto Plaintiff's antitrust
claim. Defendant's motion to
dismiss Plaintiff's antitrust
claim is GRANTED. Plaintiff's
complaint is DISMISSED without
prejudice. Plaintiff may file
a motion for leave to amend
Count One of its complaint by
September 1, 2020. If
Plaintiff chooses to move for
leave to amend, Plaintiff must
include a redlined version of
its proposed amended
complaint. If Plaintiff
chooses to pursue its claim
for injunctive relief, its
proposed amended complaint
must allege facts sufficient
to support the exercise of
personal jurisdiction over
FIFA. Alternatively, Plaintiff
may choose to join FIFA to
this action. If Plaintiff
chooses not to move to amend,
it must show cause by
September 1, 2020, why this
entire case should not be
dismissed without prejudice
for lack of subject matter
jurisdiction. The clerk of
court is respectfully directed
to close the open motion at
docket entry 32. SO ORDERED.,
( Motions due by 9/1/2020.)
(Signed by Judge Valerie E.
Caproni on 7/20/2020)."
The case is
Relevent Sports, LLC v. United
States Soccer Federation,
Inc., 19-cv-8359
(Caproni).
***
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