As the multi-billion-dollar ticket Sunday Ticket trial against the NFL resumes, the man in charge of the multi-billion-dollar business — along with the multi-billionaire who owns one of the 32 franchises — are poised to take the stand.
On Monday, Commissioner Roger Goodell is scheduled testify, according to Sports Business Journal. Cowboys owner Jerry Jones is also slated to testify this week, “possibly as soon as today.”
That would be unlikely. An economic expert called by the NFL was still on the stand when the trial broke for the week. That will eat into part of the day. And Goodell’s testimony likely won’t be short; his cross-examination will surely be aggressive and robust.
Based on the way he testified at deposition two years ago in the case involving the question of whether the league will be eligible for insurance coverage in connection with the concussion settlement, he might be inclined to engage in swordplay with the lawyer who questions him — which won’t make for a short session on the witness stand.
Goodell might take a different approach when testifying in front of a judge and a jury. In a deposition, it’s just the lawyers and a court reporter; the witness can be tempted to try to take over. In open court, acting that way can lead to a very bad outcome.
Similar concerns apply to Jones, who at times seems to believe he can sweet talk and wink his way out of any jam. The more the witness says, the more fodder the lawyer has for follow-up questions.
The biggest challenge for both men will be to submit to the authority of the court. Goodell and Jones are very much accustomed to having others submit to them.
The case focuses on the allegation that the NFL requires the Sunday Ticket provider to charge a premium price, so that consumers would be more likely to watch the over-the-air offerings from their local CBS and Fox affiliates. Evidence introduced to date supports the notion that the league preferred fewer subscribers at a high price, and that the league did not want (for example) ESPN to offer the package for $70 per year or to make a per-team option available.
The verdict could be enormous. Its implications could revolutionize the way fans consume NFL content on Sunday afternoons.
