NFL Antitrust: What it Means for the Sports Video Game Industry

[XtremeDunkz]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

This is an ongoing situation I've been following for quite some time.

Yes, I'm more of a fan of 2K football games, but that's not to say I'm a "fanboy". Simply put, I will buy & play the BEST TITLE for a sports game, whether that be Madden, Blitz, APF, Back Breaker, Tecmo, etc. For EA to buy up exclusive licensing in the manner in which they did (NFL, AFL, NCAA football & ESPN) goes to show how desperate they were to monopolize & put a strangle-hold on the football gaming market. Instead of showing up to play, they took the ball home & locked the gates up to the field.

When there is no competition, there is no strive for excellence. In this case of football gaming, we, as fans, lose because there is no competition. The next-gen Madden titles have been under-whelming to say the least, and I believe it's simply because they've had no reason to work hard anymore.

so much wrong with this argument but I refuse to beat the dead horse.

[S1ARk5]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

I would pay $100 for an NFL game done by the same team that developed 2k5, even if it means not having all the NFL teams, heck I would never buy Madden again if All Pro Football had a franchise/dynasty. To me that is the best playing football game ever.

Ofcourse we would need the customizable tools that a winning eleven/PES gives to their games as well...

[shotgun styles]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

I would pay $100 for an NFL game done by the same team that developed 2k5, even if it means not having all the NFL teams, heck I would never buy Madden again if All Pro Football had a franchise/dynasty. To me that is the best playing football game ever.

Ofcourse we would need the customizable tools that a winning eleven/PES gives to their games as well...

For Natural Motion, Adaptive AI, Custom Playbooks, and Online Franchise I would pay $250.

[SageInfinite]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

For Natural Motion, Adaptive AI, Custom Playbooks, and Online Franchise I would pay $250.

Don't give EA any ideas!

[shotgun styles]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

Don't give EA any ideas!

Some of my personal philosophy on pricing comes from the great entrepeneur Conrad Hilton, founder of Hilton hotels:

"The buyer is entitled to a bargain, the seller is entitled to a profit"

If you give me the product I want, I'm willing to pay top dollar for it.

[fourthreemafia]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

For Natural Motion, Adaptive AI, Custom Playbooks, and Online Franchise I would pay $250.

Well, we know we got one (Adaptive AI), I think we will have two (Custom Playbooks), I think in the next 2-3 year we will have three (Online Chise), but Im not sure Madden will ever have all 4 (Natural Motion).

[blackpuppy]

Why don't they just sell the games sans official team logos and players and let you buy the licensing on an individual basis online. For example buy Fifa, Madden etc as the game with made up players for like $39 buck and let people buy the license online for like $15 bucks.

[The.Nacirema.Dream]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

As a law student who is currently studying antitrust law, I would like to shed some light on the situation.

The sole issue here is the trial courts finding, and the 7th Circuit Court of Appeals affirmation, that the NFL and its 32 teams are a "single entity," ie. akin to a parent corporation and a wholly-owned subsidiary. If found to be so, section 1 of the Sherman Act, which outlaws "every contract, combination in the form of trust or otherwise, or conspiracy..." by definition cannot apply because for a section 1 violation there has to be two or more parties working in concert.

By contrast, section 2 of the Sherman Act outlaws "monopolizing or attempting to monopolize" by a single entity. American Needle also brought a claim under section 2 (which was also rejected), however that issue is not going to be argued in front of the Supreme Court if they decide to take the case (It is currently under guidance of the Solicitor General).

The last case the Supreme Court decided using the "single entity" theory was in 1984 (Copperweld Corp. v. Independence Tube Corp.). Since then, lower courts have stretched the "single entity" theory to various other business arrangements, ie. affiliated companies involved in joint ventures. The Supreme Court expressing an interest in this case is in all likelihood a signal that lower courts have gone too far in their findings, and the Supreme Court will clarify the doctrine.

Most likely the NFL will be found to be a single entity, as the "NFL can only function as one source of economic power when collectively producing NFL football." Other arrangements that single entity immunity has been extended to, however, may not be as lucky.

[wildthing2022000]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

Why don't they just sell the games sans official team logos and players and let you buy the licensing on an individual basis online. For example buy Fifa, Madden etc as the game with made up players for like $39 buck and let people buy the license online for like $15 bucks.

That just sounds so dumb, sounds like buying an official hat but you have to buy the team patch and stitch it on. This whole lawsuit reeks of sore loserdom to me. "Wah, we lost the bid & now we're gonna sue."

[Segagendude]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

Some of you guys are spoiled! I remember the dark days of sports gaming (early 90's) when we were lucky to get either: A) real players or B) real teams. Not both!
Ha! You kids these days!

I remember there was a game for the Sega Gamegear called Madden Football. It had generic NFL teams, but real players. Example: The Miami Waves (Instead of the Dolphins)
There was also Madden NFL Football released at the same time, with the real teams. I don't know the reasoning behind that, but I bought the generic game by mistake, lol...

[shotgun styles]

Re: NFL Antitrust: What it Means for the Sports Video Game Industry

As a law student who is currently studying antitrust law, I would like to shed some light on the situation.

The sole issue here is the trial courts finding, and the 7th Circuit Court of Appeals affirmation, that the NFL and its 32 teams are a "single entity," ie. akin to a parent corporation and a wholly-owned subsidiary. If found to be so, section 1 of the Sherman Act, which outlaws "every contract, combination in the form of trust or otherwise, or conspiracy..." by definition cannot apply because for a section 1 violation there has to be two or more parties working in concert.

By contrast, section 2 of the Sherman Act outlaws "monopolizing or attempting to monopolize" by a single entity. American Needle also brought a claim under section 2 (which was also rejected), however that issue is not going to be argued in front of the Supreme Court if they decide to take the case (It is currently under guidance of the Solicitor General).

The last case the Supreme Court decided using the "single entity" theory was in 1984 (Copperweld Corp. v. Independence Tube Corp.). Since then, lower courts have stretched the "single entity" theory to various other business arrangements, ie. affiliated companies involved in joint ventures. The Supreme Court expressing an interest in this case is in all likelihood a signal that lower courts have gone too far in their findings, and the Supreme Court will clarify the doctrine.

Most likely the NFL will be found to be a single entity, as the "NFL can only function as one source of economic power when collectively producing NFL football." Other arrangements that single entity immunity has been extended to, however, may not be as lucky.

If you read post #2, this is what I said, but minus the legal-speak.

[marcoyk]

It would be great if we got many options for video games. As the monopoly idea goes, competition makes a better product. Realistically, EA could release a mediocre Madden game , and it would probably outsell any other company's title. I'm 15 years old, and I haven't heard of anybody owning a football game other than Madden. If three companies were producing NFL football games, then we'd surely see some great games.
I've bought Madden 2004, 2005, 06, 07 for two systems, 08, 09, and there's about a 99% chance that I'm going to buy Madden 10. But if the teams were split up... strong considerations of not buying a Madden game for the first time since i was 9.

[boston_sports_maniac]

Madden is just fine with me. I would do anthing to play madden on xbox 360 or ps3. but I am stuck with the dumb old wii. You 360/ps3 owners really dont't know who good you have it.

[marcoyk]

I felt your pain. I used to only have a Wii and i was forced to get my sports games fill on the wii. I bought nba live 08 for wii... i started laughing about how much of a horrible product it was. Controls: move, shoot, jump, pass. that's it. then i got a 360 and came a little. i've played my wii maybe 5 times in the year that i've had my 360.

[ballaspence9493]

tht would b so lame if there was one conference in one game and then another in another game. hopefully, it'll never come to this