Sunita SomvanshiIf you paid for NFL Sunday Ticket on DirecTV between 2011 and 2022, a federal appeals court just gave your potential refund a second life. The Ninth Circuit reversed a lower court decision that had thrown out a $4.7 billion antitrust verdict against the NFL and all 32 of its teams — and ordered a new trial solely to recalculate how much subscribers are actually owed.
The U.S. Court of Appeals for the Ninth Circuit issued its ruling on October 30, 2026, in Ninth Inning Inc. v. NFL (Case No. 24-5493), reinstating the jury’s original antitrust liability verdict against the NFL and its teams. The court vacated only the $4.7 billion damages award and ordered a new trial strictly limited to the question of damages.
The original jury found that between 2011 and 2022, the NFL unlawfully bundled Sunday Ticket — its out-of-market game package — into an exclusive DirecTV deal, forcing roughly 2.4 million residential subscribers and 48,000 bars and restaurants to pay artificially inflated prices. The Ninth Circuit made one thing clear: the NFL violated antitrust law. The only remaining question is how much it owes.
If you are one of the 2.4 million residential subscribers or 48,000 commercial establishments in the class, your chance at compensation is alive again — but no payments are going out soon. The Ninth Circuit upheld the NFL’s antitrust liability while ordering a brand-new jury trial solely to recalculate damages. Any payout will wait until after that second trial and a likely NFL appeal that could reach the U.S. Supreme Court.
What the “NFL Tax” ruling actually means
The Ninth Circuit opinion focuses on what the case calls the “NFL Tax” — the premium subscribers paid because the plaintiffs alleged CBS and Fox held exclusive broadcast rights and the NFL refused to let any other service carry out-of-market games at competitive prices.
The court found this arrangement crosses a legal line because the Sports Broadcasting Act of 1961, which normally allows teams to pool broadcast rights, only shields free over-the-air “sponsored telecasting.” The moment subscribers are charged a fee on satellite or cable, that protection disappears. The NFL Sunday Ticket class action covers anyone who subscribed through DirecTV during the class period, whether residential or commercial.
The Ninth Circuit vacated the damages award because the jury’s calculation was speculation and guesswork — substituting its own formula for the expert economic models in evidence. The court preserved the liability finding and sent only the dollar figure back to a new jury. The ruling is a direct outcome of antitrust enforcement in sports broadcasting that has been building since 2021.
The plaintiffs argued the NFL’s bundling arrangement was designed specifically to protect CBS and Fox local ratings — not just to maximize league revenue. Under that theory, Sunday Ticket pricing was set high enough to make out-of-market games expensive, keeping local broadcasts dominant and effectively using DirecTV subscribers as a subsidy for the legacy networks’ advertising income.
Why was the $4.7 billion NFL Sunday Ticket verdict thrown out?
The Ninth Circuit vacated the $4.7 billion damages award on October 30, 2026, because the jury’s calculation was speculation and guesswork — the jury had substituted its own formula for the expert economic models in evidence. The NFL’s antitrust liability stands. A new trial will determine the correct damages figure.
The damages retrial has no set date. The NFL is widely expected to seek further appeal, potentially to the U.S. Supreme Court, extending the timeline by several years. Check back for updates as a trial date is set and any further appeal is filed.
