For a viewer from the U.K. who tuned into Wednesday’s #PFTPM, the question was which of the NFL’s three major legal battles—the Jon Gruden case, the Brian Flores lawsuit, or the Sunday Ticket appeal—would see movement first.
The Sunday Ticket appeal is the most likely to progress.
The Gruden and Flores suits are in discovery, a fact‑finding stage that could last months, while the Sunday Ticket matter awaits a ruling from the Ninth Circuit.
Briefs have been filed, oral arguments heard, and a decision could be issued at any moment.
The stakes are high. Two years ago a jury determined that the NFL’s Sunday Ticket pricing violated antitrust law, alleging the league set prices high enough to steer fans toward local‑market broadcasts on CBS and Fox.
It remains a delicate balancing act. CBS and Fox seek to maximize audience share, tolerating the inclusion of their signals in the out‑of‑market bundle—now streamed, formerly satellite‑only—while fans face the choice of paying premium prices for desired games or accepting whatever is offered locally.
The jury awarded $4.7 billion, a figure that would treble to $14.1 billion upon entry of judgment. Although the judge vacated the monetary award, the antitrust violation finding stands.
On appeal, the Ninth Circuit may affirm the judge’s ruling, overturn it and revive the verdict, or vacate and remand for a fresh trial on damages.
Eventually, the court could issue an injunction barring the NFL from continuing to market Sunday Ticket at an inflated price.
For the moment, the NFL maintains the status quo, even though its dual‑revenue strategy—charging CBS and Fox for in‑market feeds and YouTube for the out‑of‑market package—exposes it to substantial potential liability.
Regardless of any legislative or regulatory action concerning the broadcast antitrust exemption, the Sunday Ticket litigation remains a looming threat. Its resolution could cost the NFL billions, compel a overhaul of how Sunday Ticket is priced and delivered, or both.
While not guaranteed to unleash total disorder, the ramifications could still prove highly disruptive for the league.
