Trading card company Panini has made explosive new allegations in its three-year-old antitrust litigation against rival Fanatics.
In a Thursday court filing, Panini accused Fanatics of illicitly obtaining confidential Panini information—including license details—that the sports business power then allegedly used to win exclusive trading card rights to the NBA, the NBPA, the NFLPA and the NFL.
In June, Fanatics moved to seal the two new allegations, but a magistrate judge earlier this week ordered the secrecy restriction lifted. Panini is asking the court to allow it to amend the complaint by adding these new allegations, which were revealed for the first time Thursday.
“Fanatics acquired its long-term exclusives through the use of Panini’s confidential information,” Panini contends. “Fanatics gained access to Panini’s commercially sensitive, confidential licensing information in direct violation of the confidentiality provisions contained in those licenses or in violation of confidentiality Panini was entitled to expect regarding this information.
“Fanatics obtained granular details of Panini’s existing deals, including the precise royalty rate, minimum guarantee schedule, marketing commitments, and autograph spend obligations under Panini’s licenses. Fanatics used that information in connection with procuring exclusive licenses.”
