The NFL is scheduled to go to trial in Los Angeles this week as a result of a lawsuit filed nine years ago by a group of NFL Sunday Ticket subscribers who claim the NFL violated antitrust laws by restricting how individual teams can sell broadcast rights.
Jury selection is scheduled to begin Wednesday in the courtroom of U.S. District Judge Philip Gutierrez, who certified the case as a class action last year on behalf of more than 2.4 million residential subscribers and more than 48,000 restaurants, bars and other commercial establishments that served between the 2011 and 2022 seasons.
Sunday Ticket gives subscribers access to all Fox and CBS broadcasts of Sunday games. It was previously offered through DirecTV but is now available on YouTube TV. The base price is $349 per season, but can vary significantly depending on discounts and promotions.
The plaintiffs allege that the NFL’s television broadcast methods, particularly its Premium Sunday Ticket product, stifle competition, limit viewer choice, and make prices higher than they otherwise would be. Plaintiffs allege that the NFL forces people to purchase its Premium Sunday Ticket product as the only way to view certain out-of-market broadcasts.
The NFL counters that the system works, benefits consumers and is reflected in television ratings: Last year, NFL games accounted for 93 of the top 100 most-watched television programs.
Unlike other sports leagues, local fans can watch all of their team’s home games on free over-the-air television. From the league’s perspective, Sunday Ticket is for die-hard fans, similar to an HBO subscription for “Game of Thrones” fans.
Furthermore, the NFL believes that allowing the 32 NFL teams to negotiate their own out-of-market broadcast agreements as individual teams or divisions would be confusing and ultimately damaging to the overall product.
The trial, expected to last until the end of June, could feature high-profile witnesses, including NFL Commissioner Roger Goodell, Dallas Cowboys owner Jerry Jones and New England Patriots owner Robert Kraft.