LOS ANGELES — The federal choose presiding over the class-action lawsuit filed by “Sunday Ticket” subscribers towards the NFL voiced frustrations Tuesday with the best way the plaintiffs’ attorneys have dealt with their facet of the case.
Earlier than Dallas Cowboys proprietor Jerry Jones took the stand Tuesday for a second day of testimony, U.S. District Choose Philip Gutierrez mentioned the premise of the case was easy — who would not see the frustration of a Seattle Seahawks fan dwelling in Los Angeles not with the ability to see their favourite group with out shopping for a subscription for all of the Sunday afternoon out-of-market video games.
“The best way you’ve gotten tried this case is way from easy,” Gutierrez advised attorneys representing the subscribers. “This case has became 25 hours of depositions and gobbledygook. … This case has gone in a route it should not have gone.”
The category motion, which covers 2.4 million residential subscribers and 48,000 companies who paid for the bundle of out-of-market video games from the 2011 by 2022 seasons, claims the league broke antitrust legal guidelines by promoting its bundle of Sunday video games aired on CBS and Fox at an inflated worth. The subscribers additionally say the league restricted competitors by providing “Sunday Ticket” solely on a satellite tv for pc supplier.
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The NFL maintains it has the precise to promote “Sunday Ticket” beneath its antitrust exemption for broadcasting. The plaintiffs say that solely covers over-the-air broadcasts and never pay TV.
If the NFL is discovered liable, a jury might award $7 billion in damages, however that quantity might balloon to $21 billion as a result of antitrust instances can triple damages.
Tuesday was not the primary time Gutierrez has expressed frustration with the plaintiffs’ facet. On Monday, he admonished their attorneys for repeatedly describing previous testimony, which he thought-about a waste of time.
Earlier than Jones resumed his testimony, Gutierrez expressed doubts about plaintiffs’ attorneys citing Jerry Jones’ lawsuit towards the NFL in 1995, which challenged the league’s licensing and sponsorship procedures.
“I do not know what you might be doing, however advertising isn’t media,” Gutierrez mentioned.
Later in his testimony, Jones mentioned he sued the NFL as a result of the league sued him. Either side ultimately settled out of court docket.
Jones’ submitting towards the NFL in 1994 mentioned he supported the league’s mannequin for negotiating tv contracts and the revenue-sharing agreements in place.
When requested Tuesday whether or not groups ought to have the ability to promote their out-of-market tv rights, Jones mentioned no as a result of “it will undermine the free TV mannequin now we have now.”
Retired CBS Sports activities chairman Sean McManus additionally testified, reiterating throughout his testimony that he was a not fan of “Sunday Ticket” or the NFL’s RedZone channel as a result of he believes it infringes on the exclusivity CBS has in native markets.
CBS and Fox each requested in negotiations that “Sunday Ticket” be bought as a premium bundle. DirecTV, and never the NFL, set the costs in the course of the class-action interval.
The league has language in tv contracts with CBS and Fox that the “resale packages (Sunday Ticket) are to be marketed as premium merchandise for avid league followers that fulfill complementary demand to the providing of in-market video games.”
There may be further language that prohibits the promoting of particular person video games on a pay-per-view foundation.
The NFL obtained a rights charge from DirecTV for the bundle from 1994 by 2022. Google’s YouTube TV acquired “Sunday Ticket” rights for seven seasons, starting final yr.
Jamie Dyckes, a DirecTV advertising official, mentioned throughout a deposition that MLB, the NBA and the NHL had a recommended retail worth for his or her out-of-market packages and that there was income sharing between the leagues and the carriers, since their packages had been distributed on a number of platforms.
Testimony will proceed Thursday, with closing statements scheduled early subsequent week. Gutierrez mentioned he would take into account invoking a rule the place the court docket can discover {that a} jury doesn’t have ample proof to rule for a celebration in a case.
“I am fighting the plaintiffs’ case,” he mentioned.