The lawsuit covers 2.4 million residential subscribers and 48,000 businesses who paid for the package of out-of-market games from the 2011 through 2022 seasons.U.S. District Judge Philip Gutierrez will issue jury instructions and the plaintiffs will give their final statement during the morning session. Following lunch, the NFL will give its final remarks. Each side will get 1 hour, 10 minutes to make statements with the plaintiffs getting an additional 20 minutes for rebuttal.
That means even if a jury rules for the plaintiffs, Gutierrez could still rule in favor of the NFL and say the plaintiffs did not prove their case. The league maintains it has the right to sell “Sunday Ticket” under its antitrust exemption for broadcasting. The plaintiffs say that only covers over-the-air broadcasts and not pay TV.
Former CBS Sports Chairman Sean McManus said in a memo to the NFL and during testimony that the network had thought “the concept has always been that these packages are sold at a premium, thereby limiting distribution.” Jones said yes if that meant the more expensive “Sunday Ticket” was, the fewer subscribers it would have.
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