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9th Circuit reinstates NFL Sunday Ticket antitrust verdict, orders new damages trial
The 9th Circuit on Friday reinstated a 2024 jury finding of antitrust liability over NFL Sunday Ticket and ordered a new trial on damages, the Boston Globe and Reuters reported.
- The Boston Globe is now reporting this
- New headline Was: “US court reinstates 'Sunday Ticket' class action verdict against NFL”
- Our desk filed its story
A federal appeals court on Friday reinstated a 2024 jury verdict finding the National Football League liable in an antitrust class action over its Sunday Ticket out-of-market game package, while sending damages back for a new trial1,2.
The San Francisco-based 9th U.S. Circuit Court of Appeals reversed a California district judge who had thrown out the verdict after trial1,2. The Boston Globe said subscribers alleged the league sold Sunday Ticket at an inflated price and restricted competition by offering it only through a satellite provider1.
A Los Angeles jury awarded about $4.61 billion to residential subscribers and about $96.9 million to commercial subscribers, a combined figure described as $4.7 billion1,2. U.S. District Judge Philip Gutierrez later set the verdict aside in 2024, excluding testimony from two expert witnesses for the subscribers after finding their methodologies flawed1,2.
A three-judge appellate panel ruled Gutierrez should not have excluded that testimony and said a jury verdict must stand unless it is clearly unsupported by the evidence1,2. The same panel found the jury did not follow the court’s damages instructions and that the figure rested on guesswork, which is why a new trial on damages was ordered1.
Plaintiffs alleged prices were set high enough to limit subscriptions and protect fees that broadcast networks pay for local distribution rights2. The NFL has argued that its media distribution model is fan-friendly and that the damages were unfounded1,2.
Attorneys for both sides said they are considering their options after the ruling, the Globe reported1. What remains unresolved is the size of any damages after a new trial and whether either side will seek further review1.
Sources
How it’s being reported
2 sourcesFirst reported by Reuters
Appellate court revives ‘Sunday Ticket’ antitrust verdict against the NFL
The antitrust claim of inflated pricing and a satellite-only distribution restriction.
The Globe said subscribers alleged the league sold Sunday Ticket at an inflated price and limited competition by offering it only through a satellite provider.
Leaves out NFL comment, the damages split, and that a new trial is limited to damages.
US court reinstates 'Sunday Ticket' class action verdict against NFL
Gives this outlet’s account of the story.
Where they agree
- An appellate court revived a Sunday Ticket antitrust verdict against the NFL.
- The case concerns alleged overcharging of Sunday Ticket subscribers.