WGA Sees Judge Dismiss Antitrust Claims Against Big 3 Agencies; Price-Fixing, Breach Claims Remain

A federal judge has dismissed huge chunks of the WGA’s antitrust lawsuit against Hollywood’s Big 3 talent agencies, but will allow other aspects of its case to proceed to trial. In a ruling handed down Monday, U.S. District Court Judge Andre Birotte Jr. ruled that the WGA:

1. Lacks antitrust standing to pursue their federal price-fixing claim

2. Lacks organizational standing to bring claims for breach of fiduciary duty and constructive fraud on behalf of their members.

3. Lacks Article III standing to bring an Unfair Competition Law cause of action on their own behalf.

4. Failed to plead racketeering activity.

5. And failed to state claims upon which relief can be granted with respect to And that their “group boycott claims

The judge, however, denied a motion filed by WME, CAA and UTA to dismiss the guild’s Cartwright Act price-fixing claim, and will allow several individual plaintiffs to pursue their claims in court, including:

1. Their individual claims of breach of fiduciary duty.

2. Their individual Unfair Competition Law claims.

3. And Barbara Hall’s breach of contact claim.

On January 6, the judge denied the WGA’s motion to dismiss the antitrust lawsuits filed against it by agencies, which means that all of their complaints can move forward. He heard oral arguments on the WGA’s motion to dismiss the agencies’ claims on January 24.

Read the ruling here.


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