
A federal appeals court has revived a major antitrust legal challenge against the NFL regarding its Sunday Ticket broadcasting packages. In a unanimous decision, the Ninth Circuit Court of Appeals tossed out the league’s previous win from two years ago, ruling that a lower court judge made errors by excluding key expert witness testimony.
The underlying lawsuit involves subscribers who argue that the NFL inflates the prices of its out-of-market Sunday Ticket package to protect the popularity and advertising revenue of local broadcasts on CBS and Fox. Although a jury previously returned a massive $4.7 billion verdict against the league, the trial judge ultimately sided with the NFL and set the verdict aside. The appellate panel found that the trial judge improperly acted as a gatekeeper by discarding reliable economic expert testimony.
U.S. Circuit Judge Anthony Johnstone wrote in the unanimous ruling that the trial judge abused his discretion by ruling the plaintiffs’ expert witnesses unfounded and unreliable. The panel emphasized that while judges must screen expert testimony to ensure it relies on reliable methods and sufficient facts, they must not let personal views on the merits distort whether the evidence reaches a jury.
The plaintiffs had relied on economic experts to demonstrate alternative distribution models. One expert compared the NFL’s broadcasting setup to college football, while another discussed the potential of direct-to-consumer media apps and websites instead of wholesale packages. The appeals court affirmed that using college football distribution as a yardstick was an appropriate method for the jury to consider.
Source: Courthouse News Service
While the appeals court reinstated the subscribers’ underlying antitrust claims, it upheld the decision to set aside the specific $4.7 billion damages award. The panel concluded that the jury’s financial calculation relied on speculation and guesswork rather than following the trial judge’s instructions. As a result of the ruling, the case returns to the lower court specifically for a new trial focused solely on damages.
Currently, avid fans wanting to watch games outside their local market must purchase the Sunday Ticket package through YouTube TV for about $480 for returning subscribers. Subscribers assert that these high prices limit market competition with standard local network broadcasts. Attorneys for both the NFL and the subscribers did not immediately respond to requests for comment following the decision.
For individuals who purchased Sunday Ticket packages, this appellate decision keeps the legal avenue alive but does not guarantee a payout or immediate refund. The case must go through a new trial specifically dedicated to determining proper damages. Consumers do not need to take immediate legal action at this stage, but monitoring developments can help keep them informed.
Understanding complex antitrust litigation and class action lawsuits can be challenging for ordinary people. Speaking with a qualified legal professional may help if you have questions about how large antitrust class actions operate and what future court proceedings mean for affected consumers.
The appellate ruling prevents the antitrust case from ending prematurely, giving the plaintiffs another opportunity to present expert economic testimony to a jury.
Even though liability claims are revived, consumers should not expect payouts soon because a completely new trial is required to calculate proper damages.
The decision clarifies limits on trial judges when evaluating economic expert testimony, signaling that courts must avoid overstepping into assessing merits.
Affected consumers should monitor ongoing court updates regarding the upcoming damages trial without needing to take immediate personal action.
| Court Decision Area | Appellate Ruling |
|---|---|
| Exclusion of Expert Testimony | Reversed as an abuse of discretion |
| Underlying Antitrust Claims | Reinstated for a new trial |
| The $4.7 Billion Damages Award | Upheld as based on speculation |
Source: Courthouse News Service
This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 30, 2026.
Source: Courthouse News Service
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