The judge presiding over a class-action lawsuit brought by Sunday Ticket subscribers against the NFL said the jury did not follow his instructions when determining damages.
U.S. District Judge Philip Gutierrez made the remarks while hearing the NFL’s post-trial motion to enter judgment in the league’s favor if he finds the plaintiffs have not proven their claims.
Gutierrez could also order a new trial because the eight-judge jury calculated the damages independently.
It is unclear when Gutierrez will rule on the motion.
“Damage awards cannot be based on speculation or conjecture. Plaintiffs must demonstrate that each of the assumptions underlying the calculation of damages is reasonable,” Gutierrez said in instructions to the jury before closing arguments on June 26.
A federal jury will hear the case on June 27. A federal court ruled that the NFL violated antitrust laws by offering out-of-market coverage of Sunday afternoon games on its premium subscription service, and awarded $4.7 billion in damages to residential and commercial subscribers.
The lawsuit targets 2.4 million U.S. home subscribers and 48,000 businesses who paid for packages to watch out-of-market games on DirecTV from the 2011 through 2022 seasons. The lawsuit alleges that the league violated antitrust laws by overcharging the packages. Subscribers also allege that the league restricted competition by making “Sunday Ticket” available only on satellite providers.
The jury of five men and three women found the NFL liable for $4,610,331,671.74 in damages to residential subscribers and $96,928,272.90 in damages to commercial subscribers.
The jury’s figure did not match University of San Francisco economist Daniel Lusher’s college football model ($7.01 billion) or John Zona’s multi-seller model ($3.48 billion), an expert witness in the case.
Instead, the jury used the 2021 list price of $293.96, subtracting the average price residential Sunday Ticket subscribers actually paid of $102.74. The jury then deemed the $191.26 an “overcharge” and multiplied it by the number of subscribers to calculate damages.
“The amount of damages is inexcusable,” NFL attorney Brian Stekloff said in a statement to Gutierrez.
Mark Seltzer, who represents Sunday Ticket subscribers, countered that “the evidence presented to the jury supported our case from the beginning.”
“Today, we asked the district court to set aside the jury’s verdict in this case, which is unlawful and unsupported by the evidence presented at trial,” the NFL said in a statement. “The NFL’s media distribution model is the most fan-friendly in sports, with every game broadcast locally on free over-the-air television and numerous other options available to fans who want greater access to NFL content. We will pursue every avenue to defend the claims brought in this case.”
Because damages can be tripled under federal antitrust law, the NFL could ultimately be liable for $14,121,779,833.92.
The NFL has said it will appeal the ruling, which could go to the 9th Circuit Court of Appeals and then possibly the Supreme Court.
Any damage payments, changes to “Sunday Ticket” packages and/or the manner in which NFL Sunday afternoon games are conducted will be delayed until all appeals have been completed.
