On August 14, WWE submitted a response to MLW’s complaint regarding WWE having used their power to monopolize the pro wrestling industry. In the complaint, WWE admitted that Stephanie McMahon did indeed speak with a Tubi executive, “on or about” August 9, 2021. However, WWE further denied they put pressure on Tubit to nix the deal MLW had with the streaming service.
MLW, as part of their complaint, argues that Stephanie McMahon had pressured Tubi to deny MLW a time slot, which would have ultimately competed with WWE programming.
Back on June 15, a ruling was made through the United States District Court, denying WWE’s motion to dismiss an amended version of a lawsuit brought against the company by MLW. It was further stated in the ruling that the Court found MLW sufficiently alleged circumstantial evidence of WWE’s monopoly power.
Below is WWE’s filing, courtesy of courtlistener.com.
WWE admits that, on or about August 9, 2021, Stephanie McMahon spoke with a Tubi executive. WWE denies the allegations in the second, third, and fourth sentences of Paragraph 100. The allegations in the fifth sentence of Paragraph 100 refer to and purport to interpret a document not cited in or attached to the FAC. As such, WWE lacks knowledge or information sufficient to form a belief as to the truth of the allegations in the fifth sentence of Paragraph 100. WWE therefore denies the allegations in the second sentence of Paragraph 100. Furthermore, the referenced document speaks for itself. WWE respectfully refers the Court to the full cited document for its language and complete contents, and otherwise denies the allegations in the fifth sentence of Paragraph 100.
Below is MLW’s March 6, 2023 filing, also courtesy of courtlistener.com.
On or about August 9, 2021, WWE executive Stephanie McMahon spoke with a Tubi executive located in California about the License Agreement. Ms. McMahon initially pressured the Tubi executive to deny MLW a time slot that would compete head-to-head with WWE’s NXT programs on Tuesday nights. But Ms. McMahon ultimately pressured the Tubi executive and other senior executives at Fox to terminate the agreement in its entirety. WWE threatened Tubi’s affiliate, Fox, that it could lose WWE’s business or preferred content if Tubi did not acquiesce to WWE’s demand and terminate its agreement with MLW. Indeed, as noted by an industry publication, WWE had substantial leverage over Fox because Fox was competing with another network for better WWE programming at the same time that WWE was pressuring Tubi to cancel the License Agreement.
On August 9, 2021 — the night before a planned press release about the Tubi-MLW deal — as a result of WWE’s pressure and interference, MLW received a letter purporting to unilaterally terminate the License Agreement. Thus, with wanton, reckless disregard for MLW’s rights and the antitrust laws, WWE intentionally and unlawfully interfered with the performance of the License Agreement and procured its termination. WWE purposefully directed its communications to Tubi in California in order to disrupt MLW’s relationship with Tubi and to deprive MLW of access to and competition in major national media markets.