Goodell’s $5 Billion Triumph & Michael Rubin Blowback

roger goodell
The NFL claimed a “runaway jury” overlooked expert testimony and misapplied economic models, resulting in a supposed $191.26 per subscription “overcharge” — and the judge agreed. Photo: Gregory Shamus/Getty Images
Eriq Gardner
August 1, 2024

We’re in the midst of a particularly legally charged era in sports, from Warner Bros. Discovery sparring with the NBA over TV contracts to trading card companies embroiled in rights battles. To wit: This week, NCAA lawyers proposed a hefty $2.8 billion settlement, plus TV revenue, to compensate college athletes who were previously restricted from endorsements. Meanwhile, a federal court found that a $335 million settlement for MMA fighters was insufficient, setting the stage for a trial later this year as fighters claim that UFC’s acquisitions of rivals like the World Fighter Alliance, World Extreme Cagefighting, Pride, and Strikeforce suppressed their earnings. Bottom line: There are a lot of big legal judgments being handed down these days.

The biggest drama, of course, centers on the recent $4.7 billion that a jury decided the NFL should pay for allegedly violating antitrust laws by selling its Sunday Ticket package at an inflated price—a monumental penalty that came under scrutiny. Today, Judge Philip Gutierrez scrapped the verdict. The NFL claimed a “runaway jury” overlooked expert testimony and misapplied economic models, resulting in a supposed $191.26 per subscription “overcharge.” The judge agreed, making the stunning determination in a huge 16-page order (read here) that the damages award was not based on “evidence and reasonable inferences” but rather something more akin to “guesswork or speculation.”