EA Agrees to Settlement in Antitrust Suit

The Wooster

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Jul 15, 2008
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EA Agrees to Settlement in Antitrust Suit


EA has agreed to give up NCAA exclusivity for five years and pay out a potential $27 million to wronged customers.

EA's unrivaled dominance of the American Football sim market may be coming to an end. According to attorneys representing consumers in a class-action antitrust lawsuit that began back in 2008, the publisher has agreed to go five years without exclusive control of the NCAA and AFL licenses, and a $27 million payout for consumers.

The class-action suit alleged that EA successfully created a football game monopoly. Back in 2004, Take-Two Interactive had grown tired of playing second fiddle to EA and its Madden series The publisher's last football title, ESPN NFL Football had sold a less-than-impressive 450,000 copies. Take-Two's next title, NFL 2K5, was released at a $20 price point and went on to sell more than 2.9 million copies in the US. To remain competitive, EA lowered the price of Madden 2005 from $50 to $30. Shortly after, EA signed exclusive deals with the NFL, NCAA and AFL, meaning Take-Two had no official backing for its football titles, and thus, no series. EA then released Madden 2006 at a $50 price point.

Under the terms of the settlement, EA will let its current agreement with the NCAA lapse in 2014. It also can't sign or renew exclusive deals with either the NCA or the AFL for at least five years. The publisher may also have to hand over some cash to gamers who bought its hand-egg titles. Consumers who bought an EA football title for the GameCube, PS2 or Xbox could be entitled up to $6.79 a game, while those who bought a current-generation football game from the publisher could claim up to $1.95 a game.

The proposed settlement was filed with the court last week, and EA has apparently agreed, but it still must be approved before it can be made final.

Source: IGN [http://www.gamespot.com/news/ea-agrees-to-give-up-ncaa-football-exclusivity-6388207]


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FalloutJack

Bah weep grah nah neep ninny bom
Nov 20, 2008
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Oh yeah... I remember this. Well, good. I'm not a sports game fan, but I recognize this as a good thing.
 

tippy2k2

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So is there no change to the Madden series? It sounds like only NCAA and the Arena football league will become non-exclusive...

If that's the case, that makes me sad. I love the Madden series and still buy them when enough has changed (for example, I skipped 12 for having no changes to the online franchise) but the quality of the titles have slipped. It's much easier for EA to allow Madden to stay in the slip if another company's football game isn't nipping at the heel.

Also, InB4 the "sport games, who cares!?!? they're just roster updates every year!!!" silly people who always appear
 

008Zulu_v1legacy

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The problem is, it's still just football. The same game rehashed every year. Spice it up with cyborgs, robots or zero gravity.
 

The Wooster

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Lumber Barber said:
I don't get it. They were sued for handling the business well and taking over the market?
No, they were sued for alleged anti-competitive actions. Monopolies are bad for markets. They lower competition, raise prices and discourage innovation. That's why we have commissions in place to ensure they don't occur, but they still do.

I'm not sure if EA's actions are completely anti-competitive. As Nuclear Shadow pointed out, it's perfectly possible to create a good football game without an official license. But it appears the suit had enough of a case that EA is willing to settle.
 

Burst6

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What does it say about the franchise when you can easily release the next version for 20 dollars cheaper when someone else makes a new one?


It says monopolies are bad.
 

bobmus

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I don't get it. Hasn't EA been doing this for even longer with the soccer game market? It's why PES can't use the official team names etc, am I right? What makes this different?
 

CardinalPiggles

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I agree with TheBobmus, no one does anything about the FIFA series. Maybe it's because Americans just don't really care about "soccer", but a little consistency would be nice from any legal system.

tippy2k2 said:
Also, InB4 the "sport games, who cares!?!? they're just roster updates every year!!!" silly people who always appear
008Zulu said:
The problem is, it's still just football. The same game rehashed every year. Spice it up with cyborgs, robots or zero gravity.
Tippy called it :)
 

tippy2k2

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CardinalPiggles said:
Tippy called it :)
Yes, there are those who fear my amazing abilities to read the future but fear not citizens, I will use them for (mostly) good! By the way, keep a close eye on your surroundings on August 19, 2034. You'll thank me later.

As to the FIFA thing, I thought that Winning Eleven (they changed it to Pro Evolution? I must not be paying attention cause I didn't know that) had rights to teams...

Looking at the Wikipedia page, it has rights to certain things (like UEFA and whatnot), which would be my guess why FIFA is allowed to have exclusive rights with MLS. Basically, professional soccer exists in many forms all around the world where football is basically just the NFL and NCAA. While my powers are great, my legal mind is not so great so take this explanation with a grain of salt.
 

CronoT

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Grey Carter said:
Lumber Barber said:
I don't get it. They were sued for handling the business well and taking over the market?
No, they were sued for alleged anti-competitive actions. Monopolies are bad for markets. They lower competition, raise prices and discourage innovation. That's why we have commissions in place to ensure they don't occur, but they still do.

I'm not sure if EA's actions are completely anti-competitive. As Nuclear Shadow pointed out, it's perfectly possible to create a good football game without an official license. But it appears the suit had enough of a case that EA is willing to settle.
You'll also notice that the NFL license remained intact, as did the ESPN one. EA did the smart, if not the right thing. They smelled blood in the water, and in a business sense, threw the slowest guy in the party into the water before the sharks started on a feeding frenzy.

All I have to say is, it's about fucking time someone slapped EA down for this crap.

As for the question about EA, PES, and the FIFA license, the answer is quite simple; you have to go pretty far out of your way to find someone in the US who cares enough about soccer to even buy one of those games in the first place.
 

cerebus23

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EA has been buying up licenses for years, then they can shovel out whatever crap they want.

every other sport where they do not have a strangle hold on the licenses, 2k or mlb the show, etc other people make the better games, because EA does not want to put the money into making better games, and if they arent copeting then they do not have to.

i doubt anyone much buys nba live anymore its been a joke for years, but lest they have to try and improve, since nba2k has been seen as clearly better in the past years, fifa and pro soccer, i think i heard that fifa was actually really good this year over pro.

when was the last time ncaa and madden any interation was so vastly improved over the the last it was jawdropping? all the features they rotated in and cut out of madden over the years, the magical merry go round we put this feature in this year we take it out for a few years put it back in as shiney and new and resell it as such.

or has ncaa and nfl just been the same games over and over with roster updates? same price however, cant believe you only get a 1.90 back for this gens.....and how the hell can i even prove i owned lets see madden, nba live all those in a ton of different games from nes, to ps1, i cannot even recall the years and how many i had.

i am glad ea got smacked down score one for the good guys.
 
Mar 7, 2012
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I have to agree that this was definitely an anti-competitive move and I am honestly surprised this went on as long as it did.

No matter what football game is objectively the best, whether it be the 2k games, Madden or Backbreaker, Madden will always have the consistent advantage of being able to sell the ability to play as your favorite teams. For many people, that's more than enough.

This is bad for the football game industry.
 

Akimoto

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Nov 22, 2011
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5 years is a very short time, I'm pretty sure nothing says EA would not be allowed to plan for the big one in that period. And up to only $6.79 per customer? Come on EA, we all know the money pool you guys built in your underground lair.

IMHO, a slap on the wrist for EA.
 

thethird0611

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Feb 19, 2011
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Shouldnt they not be able to resign exclusive contracts with the leagues? If we are going anti-trust here, that shouldnt be allowed to happen again.
 

Clive Howlitzer

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I'd be happy to see them lose their grip on NFL titles just so other games can come out using NFL stuff without getting sued.
 

Akimoto

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DVS BSTrD said:
Nobody Trusts EA anymore.
Unfortunately not trusting them does not make their games un-addictive. There will still be a demographic that snaps up EA games and from Microsoft's example, it's very hard to break a monopoly once it has been established.