NFL Tries to Escape Sunday Ticket Class Action

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In a class action lawsuit alleging antitrust violations by the National Football League regarding its Sunday Ticket package with DirecTV, the NFL argued the plaintiffs cannot show any antitrust actions.

Lead plaintiffs argue that the NFL and DirecTV limit the number of traditional network broadcasts on a typical Sunday afternoon to only three games, requiring individuals and businesses to purchase the Sunday Ticket package if they want to watch any other games.

Additionally, games not available on local TV are only available through the Sunday Ticket Package, the plaintiffs claim.

The NFL shot back, arguing that the Sunday Ticket actually increases the number of games that are broadcast. According to the NFL, consumers can watch games for free in each Sunday time slot and games not available on local TV are available using the Sunday Ticket.

Additionally, the NFL argues that games are measured by viewership, not number of games broadcast, and the Sunday Ticket makes games more available to consumers.

The NFL says it has the right to decide how and where games are broadcast, so the class action consumers aren’t limited based on the way the NFL decides to broadcast the games.

“[Plaintiffs] nevertheless complain that the NFL and the networks choose which games are broadcast where, with the result that some fans may not be able to watch the game they most prefer,” the NFL says in its motion. “These arrangements seek to enhance competition and consumer welfare by maximizing fan interest, regional team loyalty and viewership; that individual fans may be disappointed by their available choices does not present an antitrust issue.”

The NFL also argues that its agreement with DirecTV is beneficial for consumers who wish to watch games because DirecTV is then encouraged to “invest in promoting and enhancing the product.”

Both plaintiffs and defendants in this case are also arguing about whether the claims should go to arbitration. DirecTV and the NFL favor arbitration out of court, but the plaintiffs contend that there is no viable arbitration agreement with which to resolve the claims.

DirecTV and the NFL were hit with a number of class action lawsuits by consumers and businesses who subscribe to the Sunday Ticket that resulted in this present multidistrict litigation.

The antitrust class action lawsuits followed a decision by a New York federal judge to grant preliminary approval to settlement of claims that National Hockey League fans were forced to pay exorbitant fees for out-of-market games.

The plaintiffs are represented by Marc M. Seltzer, Arun Subramanian, William Christopher Carmody, Seth Ard and Ian M. Gore of Susman Godfrey LLP, Michael D. Hausfeld, Scott Martin, Irving Scher, Michael P. Lehmann, Bonny E. Sweeny and Christopher L. Lebsock of Hausfeld LLP and Howard Langer, Edward Diver and Peter Leckman of Langer Grogan And Diver PC.

The DirecTV Sunday Ticket MDL is In re: National Football League’s “Sunday Ticket” Antitrust Litigation, Case No. 2:15-ml-02668, in the U.S. District Court for the Central District of California.