RESULT (UPDATE): Varsity Cheer Settlement Receives Preliminary Approval
On June 18, 2024, Chief Judge Sheryl Lipman of the Western District of Tennessee granted preliminary approval of a settlement on behalf of parents of competitive cheer athletes. The settlement provides for a cash payment of $82,500,000 along with significant injunctive relief meant to promote competition in the competitive cheer market.
Varsity (collectively Varsity Brands, LLC, Varsity Spirit, LLC, and Varsity Spirit Fashion & Supplies, LLC) is by far the largest producer of competitive cheer competitions and camps, and the largest seller of cheer uniforms and equipment in the United States. It, along with its co-defendants U.S. All Star Federation, Inc. (USASF); Jeff Webb; Charlesbank Capital Partners LLC; Charlesbank Equity Fund VII, Limited Partnership; Charlesbank Equity Fund VIII, Limited Partnership; Charlesbank Equity Fund IX, Limited Partnership; Bain Capital Private Equity, LP; Bain Capital Fund XII, L.P.; Bain Capital Fund (DE) XII, L.P.; and Bain Capital Fund (Lux) XII, SCSp were accused of abusing Varsity’s market power to raise, fix, and stabilize the prices charged for Varsity competitions, camps, and apparel. As result of that abuse, class members paid higher prices for cheer competitions, cheer apparel, and cheer camps, as well as related goods and services. “This substantial settlement, along with the changes in Varsity conduct, will go a long way to compensating families and ensuring they are no longer taken advantage of when purchasing competitive cheer products for their athletes,” said Jason Hartley.
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SAN DIEGO: Hartley LLP and its co-counsel fled a case against Varsity Brands (consisting of Varsity Brands, LLC, Varsity Spirit, LLC, and Varsity Spirit Fashion & Supplies, LLC) and its founder, Jeff Webb, for abusing its monopoly power in the market for cheer competitions. Varsity controls the USASF and all other rule-making organizations governing competitive cheer. It acquired its monopoly through a systematic program of acquiring its rivals and using its dominant market position and control of the rule-making organizations to create barriers to foreclose competition in the cheer competition market. Varsity also manufactures and sells the apparel, accessories, and equipment athletes are required to use in cheer competitions and practices. Groups desiring to compete at school cheer championship events are often required to pay to attend Varsity’s own cheer camps. Families of cheer athletes are left with no choice but to pay Varsity’s prices for its competitions and uniforms. As a result of Varsity’s alleged unlawful and anticompetitive behavior, class members have indirectly paid higher prices for cheer competitions, cheer apparel, and cheer camps, as well as related goods and services, and have thereby suffered, and continue to suffer, antitrust injury.
About Hartley LLP
Hartley LLP represents commercial plaintiffs on a contingency basis and victims of anticompetitive conduct like price fixing agreements, unfair competition, tying agreements and monopolization. Its attorneys have worked to recover hundreds of millions of dollars in damages for its clients. For more information about our practice, visit https://hartleyllp.com/results/.