The judge presiding over the class-action lawsuit filed by “Sunday Ticket” subscribers against the NFL expressed his concern that the jury did not follow his instructions when determining damages. U.S. District Judge Philip Gutierrez indicated that damages should not be based on guesswork or speculation, emphasizing the importance of proving the reasonableness of each assumption underlying the calculation. This raises questions about the methodology employed by the jury in arriving at the substantial $4.7 billion figure awarded to residential and commercial subscribers.
The federal jury’s decision to award $4.7 billion in damages to subscribers after finding the NFL guilty of violating antitrust laws has raised eyebrows due to discrepancies in the damages calculation. The jury’s figure was significantly lower than the estimates put forth by experts, such as Daniel Rascher and John Zona. Instead of following established models, the jury used a different approach, basing the damages on the 2021 list price and the average price paid by subscribers. This unconventional method has been criticized by the NFL’s attorney as “indefensible.”
Given the possibility of damages being tripled under federal antitrust laws, the NFL could face a staggering liability of over $14 billion. The league has stated its intention to appeal the verdict, a process that could involve the 9th Circuit Court of Appeals and potentially the Supreme Court. Until all appeals have been exhausted, any payment of damages, changes to the “Sunday Ticket” package, or alterations to the NFL’s broadcasting practices would be put on hold.
In response to the jury’s decision, the NFL has emphasized the fan-friendly nature of its media distribution model, highlighting the availability of games on free over-the-air television in addition to other viewing options for fans. The league has challenged the jury’s verdict, arguing that it is unsupported by the evidence presented during the trial. The NFL remains committed to defending against the claims brought forth in the lawsuit and will pursue all available avenues to challenge the decision.
Overall, the NFL “Sunday Ticket” lawsuit highlights the complexities of antitrust laws and the challenges of calculating damages in such cases. The discrepancy between the jury’s award and expert estimates, as well as the judge’s critique of the damages calculation, raise questions about the fairness and accuracy of the outcome. As the legal proceedings continue, the implications of this case on the NFL, its broadcasting practices, and the rights of consumers will be closely watched.
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