In the ongoing Sunday Ticket trial, the plaintiffs suing the league for antitrust violations continue to present evidence via their case-in-chief. On Monday, some potent evidence was introduced, via a Fox executive.
As explained by Edvard Pettersson of CourthouseNews.com, questioning of Fox executive V.P. Larry Jones included a key document from the 2020 negotiations between Fox and the NFL.
“Material change to the distribution of Sunday Ticket is an existential threat to Fox’s business,” Fox wrote in response to the NFL rejecting a request to reduce the number of Sunday Ticket subscribers. “Fox’s proposal was based on an agreed principle that Sunday Ticket would be a complementary, premium product that would not materially compete.”
Jones explained that Fox didn’t want Sunday Ticket to be available at no extra charge, or at a nominal fee. Fox wanted Sunday Ticket to cost at least $293.26 per season.
Although Jones testified that Fox didn’t “win that point” in the negotiation with the league, the fact remains that Sunday Ticket continues to be available only for a premium fee, and on a full-season-or-nothing basis. Although Jones also insisted that there was no side agreement between Fox and the NFL, common sense suggests that the league recognized the potential ramifications of such an agreement (especially with the class-action pending at the time) and settled the matter through high-level conversations that never happened.
The plaintiffs claim that the NFL insisted on a high price for Sunday Ticket to protect the local broadcasts from Fox and CBS affiliates. By keeping the price high, a certain segment of the fan base would choose to watch the available games on local CBS or Fox affiliates.
