The Department of Justice (DOJ) has entered the fray in the ongoing legal battle over the NFL’s Sunday Ticket package, filing a brief that supports reviving key aspects of a consumer lawsuit against the league. The DOJ’s action signals its belief that the NFL’s current operation of Sunday Ticket, which offers out-of-market game broadcasts, violates antitrust laws.
This development adds another layer of complexity to a case that has seen dramatic twists and turns. In July 2024, a federal jury awarded $4.7 billion to consumers and retailers who alleged that the NFL’s exclusive bundling of game rights artificially inflated the price of Sunday Ticket. However, the presiding judge overturned this verdict, arguing that the jury’s conclusions were illogical and that certain witness testimony should have been excluded.
The DOJ’s Amicus Brief
The DOJ’s amicus brief, filed with the Ninth Circuit Court of Appeals, argues that the district court erred in dismissing the plaintiffs’ claims for injunctive relief. Injunctive relief would aim to prevent future harm by altering how the NFL packages and sells Sunday Ticket. The DOJ contends that the court failed to properly consider the potential for “threatened loss” to consumers, even if actual damages were deemed insufficient according to a report from Awful Announcing.
Furthermore, the DOJ criticizes the judge’s decision to exclude expert testimony after initially allowing it, stating that this “usurpation of the jury” is “troubling.” While the DOJ does not explicitly take a position on the overturning of the $4.7 billion verdict, its brief strongly suggests that the NFL’s practices are anticompetitive and harmful to consumers.
Accusations of Anticompetitive Conduct
The DOJ directly accuses the NFL of illegal practices that limit consumer choice and maintain artificially high prices for Sunday Ticket. The brief highlights that “millions of NFL fans across the nation will continue to face a choice—watch only limited local games or pay ‘premium’ prices for the Sunday Ticket bundle.”
Interestingly, the DOJ also points to recent NFL media deals, such as the Christmas Day games with Netflix, as evidence of potential future harm. The argument is that by making some games nationally available, the NFL further diminishes the value of the Sunday Ticket package for consumers who rely on it to watch out-of-market games.
Impact and Uncertainty
The impact of the DOJ’s intervention remains uncertain. While it signals the department’s serious concerns about the NFL’s conduct, the incoming administration’s stance on antitrust enforcement could influence the outcome of the appeal.
This case has already been revived once by the Ninth Circuit in 2019 after an initial dismissal. The DOJ’s involvement adds another layer of intrigue to a legal battle with significant implications for the future of how the NFL distributes its most valuable product – its games.