
“Antitrust Turbulence Ahead: Is the NFL Facing a Legal Storm of Historic Proportions?”
The NFL is gearing up for a significant chapter in its legal saga, and let’s just say, a new captain is at the helm. With Ted Ullyot stepping in as the league’s general counsel, the football giant is hoping to navigate through stormy legal waters that could threaten its lucrative empire. During the latest round of owners’ meetings, this news didn’t just catch eyes; it sparked conversation—especially since Ullyot’s experience could be pivotal as the league braces itself for potential antitrust challenges.
Patriots owner Robert Kraft didn’t mince words, declaring the NFL as “at the top of the heap” yet aware of its status as a target in this legal landscape. The league, still basking in the glory of its popularity and profitability, recognizes that old issues don’t just fade away. Just last summer, they faced a hefty antitrust verdict related to the Sunday Ticket package, which left a lingering cloud of uncertainty despite the subsequent judge’s ruling to overturn the verdict due to financial miscalculations. And with streaming services reshaping the media landscape, additional legal quandaries are lurking, ready to jump into the fray.
As Ullyot—backed by political connections and a mission—takes on this multifaceted task, he may find himself lobbying for changes to laws that have governed broadcasting for decades. This is no small feat, especially with a 65-year-old prohibition hanging over the league’s head regarding game broadcasts on certain nights. It’s a fascinating time for the NFL, which remains a collection of 32 independent entities grappling with common challenges. Kraft’s comments signal a thoughtful approach as the league braces for what lies ahead. So, grab your popcorn; the show is just getting started!
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The NFL has a new top lawyer. The NFL expects to have some old legal problems.Ullyot, a Republican operative for whom Supreme Court Justice Brett Kavanaugh submitted a letter of recommendation, could tasked with lobbying for an adjustment to the current exemption — and possibly an elimination of the 65-year-old prohibition on broadcasting games on Friday nights and Saturdays from the second weekend in September to the second weekend in December.Last summer, a massive civil antitrust verdict was entered against the league over the Sunday Ticket product. The presiding judge scrapped the outcome based on perceived deficiencies in the calculation of financial losses. The issue that gave rise to the jury’s decision lingers, along with other potential antitrust issues. The proliferation of streaming, for example, falls beyond the broadcast antitrust exemption contained in the Sports Broadcasting Act of 1960. During the recent league meetings, owners were informed that Ted Ullyot will succeed Jeff Pash as the NFL’s general counsel. And even though the business of pro football continues to boom, challenges will persist.
“We’re at the top of the heap,” Patriots owner Robert Kraft said, via Ben Fischer of Sports Business Journal. “We’re going to be a target in antitrust, and in a lot of other ways, we’re going to need legal representation that knows how to go on the offensive and play defense to protect where we’re going.”Regardless, the NFL continues to consist of 32 independent businesses that work together in many ways. Kraft’s comments show that the league anticipates more challenges to the concerted action of its franchises in the coming years.
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