When the U.S. Supreme Court made its decision in the Alston case in June 2021, the NCAA quickly responded by lifting the ban on athletes profiting from their names, images, and likenesses only 10 days later. This move was strategic in order to minimize potential liability, as the court’s decision indicated that many of the NCAA’s rules infringed upon antitrust laws. Following this, the NFL may need to make similar decisions in light of the recent verdict in the Sunday Ticket case.
The class action lawsuit did not cover the 2023 season on YouTube TV, the 2024 season, or any future seasons. This leaves room for a new class action lawsuit regarding the pricing of Sunday Ticket on YouTube TV in 2023 and subsequent years, unless pricing changes are made. The NFL now faces an important choice – whether to alter the Sunday Ticket package in response to the verdict or to proceed with the appeal process, knowing that a loss could result in prolonged liability.
It is hoped that the NFL will recognize that regardless of antitrust implications, the current approach to Sunday Ticket is not consumer-friendly. By making games unreasonably expensive, the league has limited fans’ choices, pushing many to settle for whatever is available on local television. The verdict should serve as a wake-up call for the league to prioritize fans’ access to all games at an affordable price, rather than aiming to maximize profits through restrictive pricing strategies.