Judge reviews NFL’s motion in ‘Sunday Ticket’ case, notes jury error in damages ruling

The judge overseeing the class-action lawsuit by “Sunday Ticket” subscribers against the NFL has expressed concerns that the jury did not adhere to his instructions when determining damages. U.S. District Judge Philip Gutierrez stated that the jury may have not followed his guidelines during the calculation process. The NFL has filed a post-trial motion asking the judge to rule in their favor if the plaintiffs failed to prove their case. As a result, Gutierrez might consider ordering a new trial based on the discrepancies in damages calculations.

The federal jury awarded a substantial $4.7 billion in damages to both residential and commercial subscribers after finding the NFL guilty of violating antitrust laws in distributing out-of-market Sunday afternoon games through a premium subscription service. The lawsuit represented 2.4 million residential subscribers and 48,000 businesses in the United States who purchased the package from DirecTV for out-of-market games spanning from 2011 to 2022. The plaintiffs alleged that the league unlawfully sold the package at an inflated cost and limited competition by exclusively offering “Sunday Ticket” through a satellite provider.

The jury, consisting of five men and three women, held the NFL accountable for $4,610,331,671.74 in damages for residential subscribers and $96,928,272.90 for commercial subscribers. Despite expert models proposing different figures, the jury decided on a unique approach of using the 2021 list price, subtracting the average amount paid by subscribers, and calculating the “overcharge” per subscriber to determine the damages.

Both the NFL and the plaintiffs’ representatives presented their arguments on the matter to Judge Gutierrez. The NFL’s attorney criticized the jury’s damages amount as indefensible, while the plaintiffs’ counsel maintained that the evidence supported their case throughout. The timeline for Gutierrez to announce his decision remains uncertain.

The NFL has expressed its intention to challenge the verdict. If the damages are tripled under federal antitrust laws, the league could potentially face a much larger liability of $14,121,779,833.92. Any payment of damages and potential modifications to the “Sunday Ticket” package or the NFL’s broadcast practices for Sunday afternoon games would be on hold until all appeals are exhausted. The NFL’s statement emphasized their commitment to defending against the claims brought in the lawsuit, highlighting the accessibility of their media distribution model for fans. Any appeals would proceed through the 9th Circuit Court of Appeals and potentially to the Supreme Court to seek resolution.