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No. 19-1098October Term 2019Decided Nov 2, 2020

Docket 19-1098October Term 2019 (2019–2020)

National Football League v. Ninth Inning, Inc.

For now, the key question is whether the Supreme Court will step in to review how the Ninth Circuit handled these antitrust pleading issues.

Case status

Current stage
Decided
Latest event
Decision released Nov 2, 2020
Case Accepted
Arguments
Decision ReleasedNov 2, 2020
What it's about

This case involves an antitrust challenge to how the NFL and its member teams jointly control and distribute live game telecasts. The petition asks whether the Ninth Circuit wrongly allowed the claims to proceed without requiring proof of harm in a properly defined market and whether plaintiffs who did not buy directly from the NFL can seek damages.

Question presented

1. Should the Court review the splitless, fact-bound application of the well-settled rule of reason standard to the denial of a pre-discovery motion to dismiss? 2. Should the Court review the splitless, fact-bound holding that Respondents properly pleaded antitrust standing where the complaint alleges they were directly harmed by the alleged conspiracy, does not assert a claim for pass-on damages, and where it is undisputed the issue is not case-dispositive?

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Nov 2, 2020

Area

Business and Regulation

Briefing

What it's about

The NFL is asking the Supreme Court to review a Ninth Circuit decision that let an antitrust case over live NFL telecasts move forward. The petition says the lower court should have required a fuller showing of harm to competition in a properly defined market and should not have let certain plaintiffs seek damages.

Vote

The case is still pending, and oral argument has not been scheduled. The NFL argues the Ninth Circuit let the claims proceed without full rule-of-reason review and despite objections to the plaintiffs' antitrust standing.

Impact

The case could affect how sports leagues and other joint ventures structure distribution deals for shared products. For example, it may shape whether businesses or consumers who say they were shut out by a media-distribution arrangement can keep an antitrust suit alive early in the case.

What's next

The justices have not scheduled oral argument or announced a decision on whether to take up the case. Watch for a scheduling move or other order showing whether the case will move forward at the Court.

What is the core dispute in National Football League v. Ninth Inning, Inc.?

The NFL says the Ninth Circuit wrongly let an antitrust challenge to its telecast arrangements go forward. It argues plaintiffs should have shown harm in a properly defined market.

Who could feel the real-world effects of this case?

Sports leagues, broadcasters, distributors, and businesses claiming they were harmed by joint distribution deals could be affected. Early antitrust lawsuits may become easier or harder to pursue.

What is the next procedural step to watch?

Watch to see whether the Supreme Court takes any scheduling action. No oral argument has been set, and no decision window is available yet.

Decision

Decision record

What the Court decided

For now, the key question is whether the Supreme Court will step in to review how the Ninth Circuit handled these antitrust pleading issues.

Impact

The case could affect how sports leagues and other joint ventures structure distribution deals for shared products. For example, it may shape whether businesses or consumers who say they were shut out by a media-distribution arrangement can keep an antitrust suit alive early in the case.

Not official Court text.

Opinion documents

Timing

Decided November 2, 2020

The Court released its decision on November 2, 2020 without hearing oral argument.