The WGA has filed its opposition to the Big Three talent agencies’ motion to dismiss the guild’s antitrust and price-fixing claims in their ongoing legal battle. The WGA’s opposition, filed in fede…
, say they “plausibly allege that the Agencies have violated the antitrust laws by pleading direct evidence sufficient to satisfy the Ninth Circuit’s requirement to allege the who, what, when, and why of an antitrust violation.“Who: Participants in the initial meetings where the alleged price-fixing agreement was formed included Lee Gabler, then-managing partner of CAA, Ari Emanuel, founding partner of Endeavor , and others.
“Why: The Agencies have a strong profit motive to resist all efforts to eliminate packaging fees. They are ‘big fans of packaging because packaging [is where] you make all of your money … it was always about package über alles’ – and that was literally a phrase at CAA.
The WGA also argues that individual members who have joined the suit “adequately allege breach of fiduciary duty and constructive fraud …They allege many ways that the Agencies breached those duties – by enriching themselves at individual counterclaimants’ expense, placing their own interests above Individual counterclaimants’, and failing to disclose both that packaging fees create inherent conflicts of interest and the material facts concerning the packaging fees they earn at their clients’...
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