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

[shotgun styles]

Quote: Originally Posted by S1ARk5

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]

Quote: Originally Posted by shotgun styles

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

Don't give EA any ideas!

[shotgun styles]

Quote: Originally Posted by SageInfinite

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]

Quote: Originally Posted by shotgun styles

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]

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]

Quote: Originally Posted by 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.

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]

Quote: Originally Posted by buzzguy

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...