Electronic Arts has asked a judge to dismiss the third amended complaint in a lawsuit brought on by college athletes claiming that EA, the NCAA and the Collegiate Licensing Company used players’ names and likenesses in games without proper compensation. This third complaint seeks to add six more athletes to the lawsuit, which could certify it as a class action lawsuit.
EA argues that the new complaint has “no facts to support their theory that EA participated in an antitrust conspiracy with the NCAA and CLC.” This strategy was used previously when EA and the CLC previously argued that because they were following NCAA rules they were not involved in an antitrust conspiracy. EA then repeated the defense in their motion for the dismissal.
The court will rule on the status of the current lawsuit, along with EA’s motion to dismiss by September 5th.
This is the second lawsuit against EA from law firm Hagens Berman. The first alleged that by entering into exclusive deals with the AFL, NFL and NCAA, EA violated antitrust laws. This case was settled in 2012 for $27 million but also cost EA its exclusive licensing deal with the NCAA. Earlier this month the NCAA announced it would not renew its contract with EA.