The stakes continue to rise in the NFL Sunday Ticket trial, with some of the league’s biggest figures set to testify this week and the case moving deeper into the core arguments surrounding the out-of-market game package. 

NFL commissioner Roger Goodell (above, left) began his testimony Monday in the Los Angeles–based trial, with Cowboys owner Jerry Jones (above, right) scheduled to follow as soon as the same day. But beyond these bold-faced names, the central arguments on both sides of NFL Sunday Ticket are now being laid bare in court.

Each Side’s Argument

Plaintiffs are arguing that the NFL’s strategy of bundling out-of-market rights violates antitrust law and drives up prices for consumers—and are seeking as much as $7 billion in damages that could then be tripled under federal rules. To that end, testimony has already revealed that ESPN proposed cutting the normal $349 price of NFL Sunday Ticket to just $70 for the 2023 season, a move that likely would have soared subscriptions. 

The NFL, however, contends that NFL Sunday Ticket is a premium product existing only on the top of the league’s standard Sunday afternoon game coverage offered by Fox and CBS, and complementing that coverage rather than supplanting it. Those two networks collectively pay more than $4.3 billion annually for their NFL rights, and those deals are predicated on extensive broadcast reach that has allowed the league to become by far the most popular programming on U.S. television, regardless of genre.

As a result, the league is reluctant to change the model of NFL Sunday Ticket and create a potential ripple effect through the rest of its media portfolio. 

“We’re not looking to get lots of people [for NFL Sunday Ticket],” said Patriots owner Robert Kraft in a prior deposition. “We want to keep it a premium offering.”

Given the polar opposition of those positions, the already-high stakes of the case continue to rise. If the plaintiffs win, how fans watch NFL games on Sunday afternoons could change significantly. One such change could include the development of single-team packages for out-of-market viewing, something seen in other leagues, but not for NFL Sunday Ticket. A plaintiff win, however, would likely be appealed by the league. 

Greater Threats?

The courtroom setting itself presents a more unusual situation for the NFL, as ordinarily, it’s in full control of almost every setting in which it operates. Here, it’s the judge who’s in charge, and the league moving to more openly aggressive tactics could backfire. 

Meanwhile, industry sources tell Front Office Sports that part of the NFL’s impetus to fight this case and not settle is not only about confidence in its position, but also a desire to not invite further class action challenges on other issues. 

As USA Swimming figures out who will be representing the red, white, and blue in Paris this summer, the Olympic trials have taken over a former Super Bowl host site in an unprecedented way. 

In Indianapolis, tens of thousands of fans have already turned out to Lucas Oil Stadium, normally the home of the NFL’s Colts, to watch the country’s best swimmers vie for their spot on Team USA. The 70,000-seat venue has a capacity of 30,000 for the swimming trials, which began this past Saturday and will run through Sunday. 

A record crowd of 20,689 took in the action on the first night, setting the all-time attendance mark for an indoor swimming competition worldwide. More than 17,000 fans showed up Sunday morning—the most ever for a preliminary session. Indianapolis officials are confident they will break the U.S. Olympic swimming trials total event attendance record of nearly 200,000, which was set in 2016 at Omaha’s CHI Health Center. 

“The thing for us that we’ve been happily surprised by has been the crowds,” Patrick Talty, the president of local organizing body Indiana Sports Corp, tells Front Office Sports. “I’d be shocked if we didn’t set the all-time attendance record for all sessions.” There will be 17 total sessions at Lucas Oil Stadium.

Diving In

Indianapolis organizers began the bid process for the swimming trials back in 2020. Three pools have been constructed inside Lucas Oil Stadium, including a practice area that is the largest temporary pool ever constructed with ten 50-meter lanes and seven 25-meter lanes, all connected. Talty wouldn’t reveal exactly how much has been spent to transform the football stadium, only saying costs are “in the millions.” Construction began in early May, and teardown will run into early July.

The trials are a joint venture between USA Swimming and Indiana Sports Corp, the latter of which pays a hosting fee. Revenue will be shared between the two organizations. “We’re excited to see the outcomes when it’s all over,” says Talty. 

The Colts do not own Lucas Oil Stadium, so they won’t reap any financial benefits. The team is actually one of the event’s sponsors, and it did help with logistics of the bid process such as making premium suites available.

See Ya Next Time?

USA Swimming will have another bid process for the 2028 Olympic trials, ahead of the next Summer Games in Los Angeles. Talty says Indianapolis will be interested in hosting again. But Lucas Oil Stadium likely won’t turn into a regular swimming destination. The nearby Indiana University Natatorium, which can seat up to 4,700 fans, typically hosts other major swimming events.