SCOTUS Won't Hear Sunday Ticket Case; Kavanaugh Says 9th Cir. Maybe Wrong
The Supreme Court won't hear an appeal of the 9th U.S. Circuit Court of Appeals' reversal of a dismissal of a class-action antitrust complaint against DirecTV and the NFL over the MVPD's Sunday Ticket package (see 1908140015), but don't take…
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that as backing the 9th Circuit decision, Justice Brett Kavanaugh said in a docket 19-1098 statement Monday. He said the 9th Circuit decision is "of such legal and economic significance" that it might warrant SCOTUS review, but the case being at the motion-to-dismiss stage "is a factor counseling against this Court’s review at this time." He said the 9th Circuit seemed to agree antitrust law might require teams to negotiate individual contracts for their own games with DirecTV, but "that conclusion appears to be in substantial tension with antitrust principles and precedents." Kavanaugh said the plaintiff sports bars and restaurants may not have antitrust standing to sue the NFL and the individual teams. He said the league, teams and DirecTV defendants "have substantial arguments on the law," and if they don't prevail at summary judgment or during trial, they can come back to SCOTUS with a new cert petition. Outside counsel for the defendants didn't comment. The court said Justice Amy Coney Barrett took no part in the consideration or decision on the petition for writ of certiorari.