Appeals court reinstates the verdict that the NFL broke antitrust law with Sunday Ticket, but throws out the $4.7 billion award and orders a new trial on damages

A federal appeals court on Friday, October 30, reinstated the 2024 jury verdict that found the NFL broke antitrust law with the way it sold Sunday Ticket, its out-of-market Sunday package. But the court agreed the $4.7 billion award cannot stand, and a new jury will decide how much the league owes.

A San Francisco sports bar and other subscribers sued in 2015, when DirecTV held the exclusive rights. They argued the league’s linked deals cut the number of games available and pushed up the price. After a four-week trial in 2024, the jury found the NFL liable, but the trial judge threw the verdict out.

The three-judge Ninth Circuit panel said the trial judge went too far when he threw out the subscribers’ economists. “Opinions are neither unfounded nor unreliable merely because they are impeachable,” Judge Anthony D. Johnstone wrote. “Such opinions are for the jury to weigh at trial.”

The award worked out to exactly $191.26 per subscription, the 2018 and 2019 household list price minus the average price households actually paid. That gap measures discounts, not an overcharge, the court said, and it ignored the far higher prices paid by bars and restaurants.

The league said it was “disappointed” and will consider seeking further review. It can ask the full Ninth Circuit to rehear the case, petition the Supreme Court or settle. Otherwise a new Los Angeles jury will decide damages only, and whatever it awards would be tripled under antitrust law. Nothing changes right away for fans.