Antitrust Regulators Must Protect Fantasy Sports Competition
"While the FTC prevented a FanDuel and DraftKings from merging to monopoly, these two companies now appear to be behaving as an anti-competitive duopoly," according to Salil K. Mehra, the Charles Klein Professor of Law and Government at the Temple University Beasley School of Law.
March 18, 2024 at 04:00 PM
6 minute read
AntitrustIn 2017, the Federal Trade Commission and two state attorneys general took legal action to stop the merger of FanDuel and DraftKings, two corporate behemoths in the fantasy sports market. The FTC argued that the proposed merger would give one company control of nearly 95% of the market. "This merger would deprive customers of the substantial benefits of direct competition between DraftKings and FanDuel," said Tad Lipsky, then the acting director of the FTC's Bureau of Competition. At the end of the day, the FTC's opposition stopped the merger in its tracks, but recent actions by the two companies raise questions as to whether the FTC should take another look at marketplace concentration—and its implications—in the fantasy sports industry.
|Fantasy Sports—From the Shadows to a $50 Billion Industry
During the early 2000s, Americans became enamored with online poker, which at the time was of questionable legality. The so-called "poker boom" years saw the number of people playing online poker double every year. The boom came crashing down when Congress, in 2006, enacted the Unlawful Internet Gambling Enforcement Act (UIGEA). Rather than criminalize online players, the legislation prohibited "any person engaged in the business of betting, as defined, from knowingly accepting credit, electronic fund transfers, checks, or any other payment involving a financial institution to settle unlawful internet gambling debts." While the legislation decimated online poker, it also unleashed the fantasy sports industry.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRead the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
3 minute readInside Track: How 2 Big Financial Stories—an Antitrust Case and a Megamerger—Became Intertwined
Trending Stories
- 1First California Zantac Jury Ends in Mistrial
- 2Democrats Give Up Circuit Court Picks for Trial Judges in Reported Deal with GOP
- 3Trump Taps Former Fla. Attorney General for AG
- 4Newsom Names Two Judges to Appellate Courts in San Francisco, Orange County
- 5Biden Has Few Ways to Protect His Environmental Legacy, Say Lawyers, Advocates
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250