NFL “Considering Our Options” As New ‘Sunday Ticket’ Trial Ordered; Previous Verdict Scored $4.7B Payout

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A US appeals court has revived the NFL Sunday Ticket antitrust case, reinstating the jury’s finding that the league was liable and ordering a new trial to determine damages. The ruling overturns a judge’s decision to set aside the jury’s verdict, leaving the NFL facing renewed litigation over claims that its subscription service inflated the cost of watching out-of-market games.

The original jury awarded $4.7 billion, but the district judge rejected that amount after finding problems with the plaintiffs’ economic experts’ testimony. The appeals panel said the judge went too far in excluding the testimony, while agreeing that the jury’s damages award could not stand. The class action covers 2.4 million households and 48,000 businesses that subscribed through DirecTV for games from the 2011 to 2022 seasons; the NFL says it is considering further appeal.

In short

  • Appeals court revives the Sunday Ticket antitrust case.
  • A new trial will determine damages after the $4.7 billion award was overturned.
  • The case covers subscribers from the 2011 to 2022 seasons.

Steelman: both sides, in good faith

The strongest fair case each way — we don't pick a winner.

The case for

The subscribers’ strongest case is that the NFL’s control over game rights and the way Sunday Ticket was sold may have limited meaningful choices and pushed up prices for fans seeking out-of-market games. They can argue that restoring the jury’s liability finding recognises the seriousness of those antitrust claims, while a new damages trial gives them a fair chance to establish losses using admissible evidence.

The case against

The NFL’s strongest case is that its distribution arrangements may reflect legitimate choices about how to package and broadcast games, and that antitrust liability should depend on sound evidence of consumer harm rather than assumptions about pricing. The original $4.7 billion award was set aside after the trial judge identified problems with the plaintiffs’ experts, so the league can argue that damages require careful re-examination and that it should be able to challenge the liability ruling further.

Explained simply

The NFL is the main professional American football league, and its teams play most games in their home areas. Sunday Ticket is a paid service that lets viewers watch games that are being shown outside their local area. DirecTV sold subscriptions to the service during the seasons covered by the case.

The case involves claims that the NFL’s arrangements for selling those games limited competition and pushed up prices. It is a class action, meaning it brings claims on behalf of a large group of subscribers and businesses. The dispute matters because it concerns how a major sports league can sell access to its games and what remedies may follow if it is found liable under competition law.

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