“It’s going to require other leagues to take a close look at their model and make sure that the means by which they’re providing consumer choice really does ensure true choice,” said Christine Bartholomew, vice dean and professor in the University of Buffalo's School of Law. “What happened here, at least according to the jury, was that the NFL had really suppressed consumer choice.
Major League Baseball, the National Basketball Association and National Hockey League also offer out-of-market packages, but they are structured in a different manner compared to the NFL. All three are offered on cable and satellite providers as well as streaming. “They need to understand different audiences in terms of where they exist, how fans interact and what they’re looking for,” he said. “They want things that fit and are personalized to their needs because anything in excess that they're paying for is unwanted stuff, which is the whole idea around bundling. ... The price point that they were offering on the ‘Sunday Ticket’ package was just a little bit extreme.
Justice John Paul Stevens wrote in his opinion that “Although NFL teams have common interests such as promoting the NFL brand, they are still separate, profit-maximizing entities.”Judge Philip S. Gutierrez is scheduled to hear post-trial motions on July 31, including the NFL’s request to have him rule in favor of the league because the judge determined the plaintiffs did not prove their case.
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