Crunchyroll is reporting that as part of the lawsuit between FUNimation and ADV over ADV's disoslution and debts, ADV has decided to countersue as a third-party, claiming that FUNimation is trying to monopolize the anime industry through illegal means.
The countersuit was filed in the Harris County Courts on May 8, 2012, as an amended answer, original counterclaim and third-party claim.
The lawsuit specifies FUNimation Entertainment, FUNimation Productions Ltd., AnimeOnline Ltd., FUNimation GP LLC, Anime LP Holdings LLC., FUNimation LP LLC, and FUNimation CEO Gen Fukunaga as the defendants, and seeks judgment in favor of ADV in both the lawsuit and countersuit. In addition, the suit asks that ADV be awarded its "actual, consequential, direct, indirect, and exemplary damages"; attorney's fees, interests and court costs; and "an order enjoining FUNimation from attempting to enforce any rights it claims to have secured from ARM and from obtaining any assets owned by the defendants" of the original suit.
ADV's counterclaim claims nine reasons for the suit:
*violation of the Federal Sherman Act
*violation of the Texas Free Enterprise Act
*Tortuous Interference with Existing Contract
*Violations of Chapter 9 of the Texas Business and Commerce Code
*Conspiracy to Violate Chapter 9 of the Texas Business and Commerce Code
*Breach of Contract
*Conspiracy to Commit Fraud
*Fraud and Fraudulent Inducement
In addition, since ADV is claiming that the foreclosure sale was unlawful, they also claim that a "sham foreclosure sale" took place.