The class-action antitrust suit involving the NFL’s “Sunday Ticket” package centers around the plaintiffs’ contention that the league kept the package priced artificially high to discourage fans from subscribing. That would theoretically ensure more fans watched network broadcasts.
That raises the obvious question: Could “Sunday Ticket” have been priced lower? The trial, which began on June 7 in Los Angeles, has featured some interesting developments. Among the revelations: According to CourthouseNews.com, an email showed that ESPN offered to carry package for $70 for an entire season beginning in 2023, and offer single-team deals as well, but the NFL rejected that idea. YouTube TV is offering the 2024 season for $349.
Initially filed in 2015 but just now making it to court, the class-action lawsuit pits subscribers and commercial establishments against the NFL, contending the league violated antitrust law when it allowed DirecTV to exclusively sell the “Sunday Ticket” package of out-of-market Sunday afternoon games from CBS and Fox at what it claims is an inflated price while restricting competition.
DirecTV carried the package from 1994 through 2022, when YouTube picked it up.
Among other developments thus far:
• New England Patriots owner Robert Kraft said in a deposition that the league wanted to maintain a premium price for “Sunday Ticket” because a low price would have hurt NFL TV partners CBS and Fox.
• University of San Francisco sports economist Daniel Rascher testified the league went with DirecTV, which had 13 million subscribers, rather than a cable TV provider that might have provided 90 million subscribers, to limit access to games.
• According to Kraft’s deposition, the NFL also frowned on a proposal by Apple which reportedly could have added 15 million to 20 million new subscribers.
“We’re not looking to get lots of people,” Kraft said in the deposition (via CourthouseNews.com). “We want to keep it as a premium offering.”
The plaintiffs are seeking up to $7 billion in damages from the NFL, and that figure would be tripled under U.S. antitrust law to $21 billion.
DirecTV was also named as a defendant in the case but claims against it have been sent to an arbitrator.
About Arthur Weinstein
Arthur spends his free time traveling around the U.S. to sporting events, state and national parks, and in search of great restaurants off the beaten path.