Jury Deliberations Set to Begin in Landmark NFL Antitrust Case
The jury in the high-profile class-action lawsuit filed by "Sunday Ticket" subscribers against the NFL is expected to begin deliberations on Wednesday after both sides wrapped up their cases on Monday. U.S. District Judge Philip Gutierrez is scheduled to hold a conference with attorneys for both sides on Tuesday morning to finalize the jury instructions.
Final Preparations
Additionally, Gutierrez might hear a motion from the NFL on Tuesday afternoon seeking judgment as a matter of law, arguing that the plaintiffs failed to provide sufficient evidence. On Wednesday morning, Gutierrez will present final instructions to the jury, composed of five men and three women, before final arguments commence.
Both sides will receive 1 hour and 10 minutes to make their closing statements, with the plaintiffs having an additional 20 minutes reserved for rebuttal.
Expert Testimonies Shed Light
The NFL’s final witness, Stanford economics professor B. Douglas Bernheim, concluded his testimony on Monday morning after beginning last Thursday. Bernheim reiterated the NFL's stance that selling out-of-market Sunday afternoon games on Fox and CBS to DirecTV from 1994 to 2022, and subsequently to Google YouTube TV, benefits fans and ensures competitive balance on the playing field.
Countering Bernheim's arguments, Harvard professor Einer Elhauge, the plaintiffs' rebuttal witness, testified that no significant links exist between the league's constraints to make "Sunday Ticket" a premium package and fostering competitive balance. Elhauge argued that the roughly $62.5 million each team receives annually from "Sunday Ticket" wouldn’t dramatically impact the league’s salary cap or individual teams' operating budgets.
Key Testimonies from NFL Stakeholders
Dallas Cowboys owner Jerry Jones also testified last week, stating he wouldn’t support a salary cap if he could sell his out-of-market rights independently. This statement emphasizes the controversial nature of exclusive deals such as "Sunday Ticket."
This class action represents 2.4 million residential subscribers and 48,000 businesses that purchased the out-of-market games package from the 2011 through 2022 seasons. The lawsuit claims the NFL broke antitrust laws by selling its package of Sunday games aired on CBS and Fox at inflated prices while limiting competition by exclusively offering "Sunday Ticket" through a satellite provider.
NFL's Defensive Strategy
The NFL argues that it retains the right to sell "Sunday Ticket" under its antitrust exemption for broadcasting. The plaintiffs, on the other hand, contend that this exemption only applies to over-the-air broadcasts, not pay TV services. Should the NFL be found liable, the jury could award damages of $7 billion, a figure that could triple to $21 billion due to the antitrust nature of the case.
Long Legal Road
Originally filed in 2015 by the Mucky Duck sports bar in San Francisco, the lawsuit faced initial dismissal in 2017. However, the 9th Circuit Court of Appeals, with jurisdiction over California and eight other states, reinstated the case two years later. Judge Gutierrez sanctioned the proceeding as a class action last year.
Regardless of the upcoming decision, the losing side is anticipated to appeal the verdict, potentially escalating the case to the 9th Circuit and possibly to the Supreme Court. These deliberations mark a critical juncture in a long-standing legal battle, casting the future of sports broadcasting and the legality of exclusive distribution deals into question.
Anticipation Builds
As the jury prepares to deliberate, all eyes remain focused on the courtroom, awaiting a verdict that could reshape the landscape of televised sports. This decision will not only affect the NFL and its subscribers but could set a precedent impacting distribution deals and antitrust laws within the sports industry.
Stay tuned as we closely monitor the developments in this high-stakes case, which promises to have far-reaching consequences no matter the outcome.