As the class-action lawsuit filed by “Sunday Ticket” subscribers against the NFL heads into deliberations, both sides have presented their cases to the jury. The expectation is for the jury to begin deliberations on Wednesday after the conclusion of final arguments. U.S. District Judge Philip Gutierrez will meet with attorneys from both parties on Tuesday morning to establish final jury instructions. Additionally, there is the possibility of a motion from the NFL for a judgment as a matter of law due to the perceived lack of evidence provided by the plaintiffs.
Expert Testimonies
Throughout the trial, experts have testified on behalf of each side to support their arguments. Stanford economics professor B. Douglas Bernheim, who served as the NFL’s final witness, reiterated the league’s stance that selling out-of-market games benefits fans and creates a fair playing field. On the other hand, Harvard professor Einer Elhauge, a rebuttal witness for the plaintiffs, argued against the league’s practices in relation to competitive balance and financial implications.
Legal Claims
The class-action lawsuit, which represents 2.4 million residential subscribers and 48,000 businesses, accuses the NFL of violating antitrust laws by selling the package of Sunday games at an inflated price. The subscribers allege that the league’s decision to offer “Sunday Ticket” exclusively through a satellite provider restricts competition and does not align with the spirit of fair broadcasting practices. While the NFL contends that its actions are protected under its antitrust exemption, the plaintiffs believe otherwise, suggesting that the exemption only applies to over-the-air broadcasts.
If the NFL is found liable in this case, the jury could potentially award up to $7 billion in damages. However, given the nature of antitrust cases, this amount could triple to $21 billion. This substantial figure underscores the gravity of the allegations brought forth by the plaintiffs and the potential financial repercussions for the league if found guilty.
The lawsuit dates back to its initial filing in 2015 by a sports bar in San Francisco, with subsequent dismissals and reinstatements in the years that followed. The involvement of the 9th Circuit Court of Appeals has further added to the complexity of the case, with jurisdiction over several states including California. Judge Gutierrez’s ruling last year allowing the case to proceed as a class action emphasizes the broad impact and significance of the legal claims being made against the NFL.
The outcome of this class-action lawsuit could have far-reaching implications for the NFL and the broadcasting rights associated with “Sunday Ticket.” The decision reached by the jury will undoubtedly shape the future landscape of broadcasting agreements within the league and could set precedents for similar cases in the future. It remains to be seen how this legal battle will unfold and what impact it will have on the relationship between sports leagues and their loyal fan base.
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