A federal judge overturned a jury’s $4.7 billion verdict in the class-action lawsuit filed by “Sunday Ticket” subscribers against the NFL and has granted…
The lawsuit covered 2.4 million residential subscribers and 48,000 businesses in the United States who paid for the package on DirecTV of out-of-market games from the 2011 through 2022 seasons.U.S. District Judge Philip Gutierrez ruled Thursday that the testimony of two witnesses for the subscribers had flawed methodologies and should have been excluded.“Without the testimonies of Dr. Rascher and Dr.
Because damages can be tripled under federal antitrust laws, the NFL could have been liable for $14,121,779,833.92.Gutierrez did say in his decision that if he did not rule for the NFL as a matter of law, he would have vacated the jury’s damages verdict and conditionally grant a new trial “based on the jury’s irrational damages award.”
Gutierrez also found flaws in Zona’s “multiple distributor” models because it predicted consumers would have paid more if another service besides DirecTV offered “Sunday Ticket” and there was an unsupported assumption that another distributor — either cable, satellite or streaming — would have been available.
Instead, the jury used the 2021 list price of $293.96 and subtracted $102.74, the average price actually paid by residential Sunday Ticket subscribers. The jury then used $191.26, which it considered as the “overcharge,” and multiplied that by the number of subscribers to come up with the damages amount.
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