Case 2:15-cv-04606-BRO-JEM Document 1 Filed 06/17/15 Page 1 of 21 Page ID #:1

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HYDE & SWIGART

Joshua B. Swigart, Esq. (SBN: 225557)
[email protected]
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (619) 233-7770
Facsimile: (619) 297-1022

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[Additional Counsel for Plaintiff on Signature Page]

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KAZEROUNI LAW GROUP, APC

Abbas Kazerounian, Esq. (SBN: 249203)
[email protected]
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523

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Attorneys for Plaintiff,

Thomas Abrahamian

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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THOMAS ABRAHAMIAN,
INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS
SIMILARLY SITUATED,

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Plaintiff,

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v.

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NATIONAL FOOTBALL
LEAGUE, INC.; NFL
ENTERPRISES LLC; DIRECTV,
LLC; DIRECTV SPORTS
NETWORKS LLC

Case No.:
CLASS ACTION COMPLAINT
FOR DAMAGES, RESTITUTION
AND INJUNCTIVE RELIEF FOR
VIOLATIONS OF:
1.) SECTION 1 OF THE
SHERMAN ACT, 15 U.S.C. 1
2.) SECTION 2 OF THE
SHERMAN ACT, 15 U.S.C. 2
JURY TRIAL DEMANDED

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Defendants.

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COMPLAINT

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INTRODUCTION

1. The National Football League (NFL or League) is comprised of thirty-

two separately owned and operated major league mens professional football

clubs in the United States. The NFL member clubs have structured their

governance to permit major decisions regarding on-field sporting competition

and off-field business competition to be made by the team owners

themselves. In so doing, the owners act in their own economic self-interest,

including entering into a series of agreements that eliminate, restrict, and

prevent off-field competition.

These anticompetitive agreements go far

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beyond any cooperation reasonably necessary to provide major league mens

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professional football contests that increase fan appeal or respond to consumer

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preferences.

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2. This action challenges, and seeks to remedy, the Defendants agreements to

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eliminate competition in the distribution of live mens football games over

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television.

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competition by agreeing to divide the live-game video presentation market

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into exclusive territories, which are protected by anti-competitive blackouts.

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Not only are such agreements not necessary to producing football contests,

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they are directed at reducing competition in the live-game video presentation

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market, involving and protecting third parties who operate only in that

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separate market.

The Defendants have accomplished this elimination of

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3. In American Needle, Inc. v. National Football League, 130 S. Ct. 2201

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(2010), the United States Supreme Court unanimously rejected the NFLs

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claim that an agreement regarding the joint marketing of club-owned

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intellectual property was the decision of a single entity the league not

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subject to section 1 of the Sherman Act. The Court reaffirmed lower court

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decisions that sports leagues are subject to the antitrust laws and that league

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owners must refrain from agreements that unreasonably restrain trade. The
COMPLAINT

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Court also reaffirmed its own decision in NCAA v. Board of Regents, 468

U.S. 85 (1984), which held that the hallmark of an unreasonable restraint is

one that raises price, lowers output, or renders output unresponsive to

consumer preference.

precedents that recognize that sports leagues are subject to the antitrust laws.

Indeed, the United States District Court for the Eastern District of

Pennsylvania found several decades ago that television blackout agreements

of the very kind at issue in this case amount to an unreasonable and illegal

restraint of trade. United States v. Natl Football League, 116 F. Supp. 319,

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The Courts decision extended a long line of

327 (E.D. Pa. 1953).

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4. Despite these clear precedents, the NFL teams continue to agree to divide the

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live-game video presentation market by assigning an exclusive territory to

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each team and its television partners.

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anticompetitive protections in its own home market, the team and its partners

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expressly agree not to compete in the other teams exclusive territories. The

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stated purpose of these policies is to create regional monopolies that protect

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the partners from competition in their respective local areas.

In exchange for being granted

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5. The only way consumers can watch video presentations of other teams is

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through an exclusive out-of-market package known as NFL Sunday Ticket,

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which is distributed only through DirecTV.

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6. In addition, the Defendants have colluded to sell this out of market package

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only through the League. The League Defendants are then able to exploit

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their illegal monopoly by charging supra-competitive prices. As a result of

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this monopoly, moreover, the League is able to require purchasers of NFL

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Sunday Ticket to buy all out-of-market games of all the Leagues teams

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even if the fan is only interested in a particular team or a particular game.

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Thus, a Cleveland Browns fan living in California cannot watch the Browns

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play, except occasional games on network television, unless he purchases the

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7. As one set of commentators has put it, Absent the exclusive territorial

arrangements agreed to by league owners, individual teams wouldarrange

for their own games to be available out-of-marketFans wishing to see only

their favorite team now pay for more games than they want, so sports leagues

are currently using their monopoly power to effectuate a huge wealth

transfer.

willing to pay a more modest sum for their favorite teams games only. As to

these fans, the current scheme reduces output. Stephen F. Ross & Stefan

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entire package of League games from NFL Sunday Ticket.

Another significant group of less fanatic consumers would be

Szymanski, Fans of the World Unite! (Stanford Univ. 2008).

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8. These exclusive agreements and other competitive restraints are not

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reasonably necessary to maintain a level of competitive balance within the

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League that fans prefer, or to maintain the viability of franchises. To the

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extent that competition among teams for television rights would result in

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revenue disparities that preclude a fan-optimal level of competitive balance,

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agreements that require revenue sharing, if set at levels that do not restrict

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output, is an obvious and well-recognized less restrictive alternative.

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9. Plaintiff is an individual who was, and continues to be, harmed by the

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Defendants anti-competitive agreements. Plaintiff purchased an out-of-

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market package that is overpriced because of these unlawful agreements.

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Plaintiff seeks to restore off-field competition among and between the teams

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and their partners by ending the Defendants collusive distribution

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agreements.

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JURISDICTION AND VENUE

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10. Plaintiffs bring this action pursuant to Section 16 of the Clayton Act, 15

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U.S.C. 15 and 26, for violation of sections 1 and 2 of the Sherman Act, 15

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U.S.C. 1, 2. This Court has subject matter jurisdiction over that claim

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pursuant to 28 U.S.C. 1331 and 1337.

COMPLAINT

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11. Venue is proper in the United States District Court, Central District of
California pursuant to 28 U.S.C. 1391 for the following reasons:
(i)

California which is within this judicial district;

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(ii)

The conduct complained of herein occurred within this judicial

district as Plaintiff purchased NFL Sunday Ticket through

DirecTV in this district;

(iii)

Defendants conducted and do substantial business in the

County of Los Angeles, State of California; and

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(iv)

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Plaintiff resides in the County of Los Angeles, State of

Defendants are subject to personal jurisdiction in this district.

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PARTIES

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12. Plaintiff is, and at all times mentioned herein is, an individual citizen and

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resident of the County of Los Angeles, State of California.

Plaintiff

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subscribed to NFL Sunday Ticket in July 2013, which he received through

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DirecTV satellite service. His DirecTV package also included other channels

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carrying live professional football games not available on a sponsored

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telecast. Plaintiffs favorite football team is the New England Patriots and he

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would prefer not to be required to purchase a full out-of-market package to

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get New England Patriots games. Plaintiff was charged supra-competitive

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prices for his service due to Defendants conduct.

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A. The League Defendants

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13. Defendant National Football League, Inc. is an unincorporated association of

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the thirty-two major league mens professional football teams in the United

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States. Its headquarters are located at 345 Park Avenue, 7th Floor, New York,

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New York.

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14. Defendant NFL Enterprises LLC is a Delaware limited liability company with

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its principal place of business at 280 Park Avenue, 15th Floor, New York, New

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York.
COMPLAINT

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B. The NFL Member Club Defendants

15. The member clubs of the NFLthat are named as defendants are:
a. Arizona Cardinals Football Club LLC is a Delaware limited liability
company located at 8701 South Hardy Drive, Tempe, Arizona.

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b. The Chicago Bears Football Club, Inc. is a Delaware corporation

located at 1000 Football Drive, Lake Forest, Illinois.

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c. Green Bay Packers, Inc. is a Wisconsin corporation located at 1265

Lombardi Avenue, Green Bay, Wisconsin.

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d. New York Football Giants, Inc. is a New York corporation located at

Giants Stadium, 1925 Giants Drive, East Rutherford, New Jersey.

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e. The Detroit Lions, Inc. is a Michigan corporation located at 222

Republic Drive, Allen Park, Michigan.

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f. Houston NFL Holdings, LP (d/b/a The Houston Texans LP) is a

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Delaware limited partnership located at Two NRG Park, Houston,

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Texas.

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C. Other NFL Member Clubs

a. Pro-Football, Inc. (d/b/a/ The Washington Redskins) is a Maryland
corporation located at 21300 Redskin Park Drive, Ashburn, Virginia.

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b. Philadelphia Eagles, LLC, is a Pennsylvania limited liability company

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located at NovaCare Complex, One NovaCare Way, Philadelphia,

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Pennsylvania.

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c. Pittsburgh Steelers Sports, Inc., is a Pennsylvania corporation located

at 3400 South Water Street, Pittsburgh, Pennsylvania.

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d. The St. Louis Rams, LLC is a Delaware limited liability company

located at One Rams Way, St. Louis, Missouri.

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e. Forty Niners Football Company LLC is a Delaware limited liability

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company located at 4949 Centennial Boulevard, Santa Clara,

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California.
COMPLAINT

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f. Cleveland Browns, LLC is an Ohio limited liability company located

at 76 Lou Groza Boulevard, Berea, Ohio.

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g. Indianapolis Colts, Inc. is a Delaware corporation located at 7001

West 56th Street, Indianapolis, Indiana.

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h. Dallas Cowboys Football Club Ltd. is a Texas limited partnership

located at One Cowboys Parkway, Irving, Texas.

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i. Kansas City Chiefs Football Club, Inc., is a Texas corporation located

at One Arrowhead Drive, Kansas City, Missouri.

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j. Chargers Football Company, LLC (d/b/a San Diego Chargers) is a

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California limited liability company located at 4020 Murphy Canyon,

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San Diego, California.

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k. PDB Sports, Ltd. (d/b/a Denver Broncos Football Club) is a

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Colorado limited partnership located at 13655 Broncos Parkway,

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Englewood, Colorado.

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l. New York Jets LLC is a Delaware limited liability company located at

50 West 57th, 2nd Floor, New York, New York.

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m. New England Patriots LP is a Delaware limited partnership located at

One Patriot Place, Foxborough, Massachusetts.

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n. The Oakland Raiders is a California limited partnership located at

1220 Harbor Bay Parkway, Alameda, California.

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o. Tennessee Football, Inc. (d/b/a Tennessee Titans) is a Delaware

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corporation located at 460 Great Circle Road, Nashville, Tennessee.

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p. Buffalo Bills, LLC, is a Delaware limited liability company located at

One Bills Drive, Orchard Park, New York.

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q. Minnesota Vikings Football, LLC is a Delaware limited liability

company located at 9520 Viking Drive, Eden Prairie, Minnesota.

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r. Atlanta Falcons Football Club, LLC is a Georgia limited liability

company located at 4040 Falcon Parkway, Flowery Branch, Georgia.

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s. Miami Dolphins Ltd. is a Florida limited partnership located at 347

Don Shula Drive, Miami Gardens, Florida.

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t. New Orleans Louisiana Saints, L.L.C. is a Texas limited liability

company located at 5800 Airline Drive, Metairie, Louisiana.

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u. Cincinnati Bengals, Inc., is an Ohio corporation located at One Paul

Brown Stadium, Cincinnati, Ohio.

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v. Football Northwest LLC (d/b/a Seattle Seahawks) is a Washington

limited liability company located at 12 Seahawks Way, Renton,

Washington.

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w. Buccaneers Limited Partnership (d/b/a Tampa Bay Buccaneers) is a

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Delaware limited partnership located at One Buccaneer Place, Tampa,

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Florida

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x. Panthers Football, LLC (d/b/a Carolina Panthers) is a North

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Carolina limited liability company located at 800 South Mint Street,

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Charlotte, North Carolina.

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y. Jacksonville Jaguars, Ltd. is a Florida limited partnership located at 1

Everbank Field Drive, Jacksonville, Florida.

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z. Baltimore Ravens Limited Partnership is a Maryland limited

partnership located at 1101 Russell Street, Baltimore, Maryland.

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D. The Television Defendants

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16. Defendant Directv, LLC, is a Delaware corporation whose principal place of

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business is 2230 East Imperial Highway, El Segundo, California. Directv and

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its subsidiaries provide satellite television service throughout the United

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States.

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17. Defendant Directv Sports Networks LLC, a wholly owned subsidiary

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controlled by Directv, is a Delaware limited liability company, whose

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principal place of business is 2230 East Imperial Highway, El Segundo,

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California.
COMPLAINT

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FACTUAL ALLEGATIONS

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A. The Anticompetitive Exclusive License Agreements

18. It has long been recognized that the NFLs teams, like the teams of all

professional sports leagues, must cooperate to define, schedule, and produce

league contests. That limited cooperation is consistent with, and permissible

under, the antitrust laws.

businesses with separate owners. They retain significant autonomy and seek

their own profits. Thus, the teams compete in business matters that are

separate and distinct from the facilitation of football games.

But the teams continue to exist as separate

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19. Pursuant to a series of agreements between and among Defendants, the

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League has obtained centralized control over distribution of live video

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programming of NFL games. As described more fully below, as a result of

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these agreements, the teams have agreed not to compete in business matters

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related to the video presentation of live major league mens professional

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football games.

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20. The majority of NFL football games are televised pursuant to contracts

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entered into by individual teams with separate entities, primarily regional

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sports networks (RSNs).

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21. A smaller number of presentations are produced pursuant to national

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agreements between the League and various national networks, including

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CBS, FOX, NBC, and ESPN. The League also owns its own channel, the

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NFL Network, which televises nationally through certain cable and satellite

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providers.

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1.

Regional Blackout System

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22. At the core of Defendants restraint of competition in the video programming

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market are the regional blackout agreements. The result of these agreements

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is a classic, horizontal, geographical market division. In the absence of a

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separate out-of-market package or a national telecast, a consumer of video

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presentations of live major league football games is required to purchase the

video presentations provided by the consumers local team and its television

partner.

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23. Defendant DirecTV has joined the conspiracy by agreeing to enforce and
maintain these anticompetitive restrictions.

24. In the absence of these restrictions, fans would have access to live video from

teams through the United States. The availability of multiple sources of

major league professional football programming would result in competition

among the Defendants, which would lower prices and increase choice for

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consumers.
2. Implementation of the Blackout System Through Agreements

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Restraining Competition Among Sports Networks

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25. The teams implement their system of exclusive territories through a system of

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agreements with regional networks. These agreements require the networks

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to agree not to compete with other regional networks in the presentation of

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NFL football games.

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26. The networks (and their corporate parents) agree to these requirements

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knowing that other networks must agree not to compete in their territories.

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The result is a horizontal division of the market that is enforced by the

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horizontal agreement between the Defendants.

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27. In each case, the local television network (and the entity that controls that

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network) agrees with the League and teams that it will not permit its

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presentations of the games to be shown in areas outside of its exclusive

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territory, knowing that other networks will likewise agree not to compete in

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their exclusive home territory. The League and the network also agree that

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the network will not carry games of other teams outside their territory.

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28. Regional Sports Networks (RSNs) enter agreements with multichannel video

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programming distributors (MVPDs), like Defendant DirecTV, to implement

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the blackouts.

foreign RSN entry and other forms of competition.

29. The result is that each local network has a monopoly on live televised

football games in its territory. In certain cases, the outer areas of a teams

territory may overlap with another teams or teams territories, permitting a

viewer to watch either teams games, if they are available, and subjecting the

viewer to local blackouts of all such teams games.

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But for these agreements, the MVPDs would facilitate

30. These express restrictions on competition have made local sports networks
extremely valuable.

The Federal Communications Commission has

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repeatedly described RSNs as the clearest example of must-have channels

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because of their exclusive control of sports programming. See, e.g., In re

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AT&T Servs., Inc. FCC 11-168, 2011 WL 5534853, *3 (Nov. 10, 2011). In

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holding FCC rules designed to ensure that RSNs are not used to unfairly

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harm competition in the MVPD market, the Court of Appeals for the District

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of Columbia Circuit agreed that this control of sports programming made

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RSNs must have and nonreplicable. Cablevision Sys. Corp. v. FCC, 649

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F.3d 695, 702 (D.C. Cir. 2011).

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31. These restrictions have the purpose and effect of creating a series of regional

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monopolies in order to increase the price that can be charged by the teams,

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the television networks, and television distributors like DirecTV. Plaintiff

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and all purchasers of video programming that include these networks

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consequently pay higher prices for television services that include

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presentations of major league professional football games.

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B. Out-of-Market Packages

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32. For a consumer to obtain games that are not available through a local cable or

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over-the-air, there is only one option which, as a consequence of agreements

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by and among the teams, is controlled by the League. NFL Sunday Ticket is

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such a service that is available exclusively through DirecTV.

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33. The NFL defines this product as an out-of-market package, and games

from outside of a protected territory as out-of-market games. In-market

and out-of-market are terms defined by reference to the anticompetitive

geographical restrictions imposed by Defendants and their co-conspirators.

34. NFL Sunday Ticket is available by satellite exclusively through DirecTV.

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The price for the service, as of June 2015, is $251.94 for the season.

35. NFL Sunday Ticket games involving a team whose exclusive territory

encompasses the viewers location are blacked out from Sunday Ticket,

regardless of whether the game is being held locally, and regardless of

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whether the game is available to the viewer through a different network. The

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sole reason for this restriction is the interference with competition.

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36. The League and DirecTV offer NFL Sunday Ticket only as all-or-nothing.

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Purchasers of NFL Sunday Ticket must buy all out-of-market games for all

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teams even if they are only interested in watching the games of a particular

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team. Likewise, consumers must buy the complete season of games and may

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not purchase individual games.

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37. Because the League is the only source of such programming, it is able to

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charge monopoly pricing and limit the choices available to consumers. The

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inevitable consequence is higher pricing, lower quality, less choice to

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consumers, and lower output.

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C. The Agreements Have Restrained Horizontal Competition and Have

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Had Anticompetitive Effects and Led to Consumer Harm

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38. The above-described agreements have restrained horizontal competition

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between and among the NFL teams, together with their media partners, and

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the NFL, including in the commercial exploitation of video presentations of

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live games where the teams media partners could, and would, compete with

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each other and with the NFL. In particular, in the absence of the exclusive

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licenses and other competitive restraints, NFL teams and their partners would
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compete with each other in the presentation of their teams games to a much

greater extent than the limited opportunities that are now available.

39. The above-described agreements have adversely affected and substantially

lessened competition in the relevant markets. Output of presentations of live

NFL games, as well as output of game highlights and footage, is lower, and

prices are higher, than they would be in the absence of the agreements to

restrict competition.

40. Competition by individual teams acting independently to exploit the

distribution of their teams games would produce consumer benefits, such as

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an increase in the availability of live video presentations over a wider range

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of media, including cable, the internet, and wireless devices.

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41. The above-described agreements do not concern matters of league structure

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and do not concern any unique characteristic or need of football exhibitions.

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These anticompetitive restraints are not necessary to the exhibition of football

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and are not integral to the sport itself.

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42. There are no legitimate, pro-competitive justifications for these exclusive

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license agreements and other competitive restraints, which have harmed

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consumers in various ways, including in the above-described ways.

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D. Plaintiff Has Suffered Antitrust Injury

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43. Plaintiff has been overcharged for the video presentation of live NFL games.

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44. Subscribers to pay television service with standard channel packages have

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been forced and will continue to be forced to overpay for their television

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service because of the inclusion of sports programming that commands

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supra-competitive pricing. Subscribers suffer this overpayment even if they

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do not watch sports programming.

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45. Subscribers to NFL Sunday Ticket have been forced and will continue to be

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forced to overpay for out-of-market games because of the lack of

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competition created by the geographical exclusivity system.

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46. Individual teams and their media partners are restrained from distributing

their games through cable, satellite, Internet, and otherwise in ways that they

may determine are best suited to reaching their respective and potential fan

bases throughout the country and abroad.

CLASS ACTION ALLEGATIONS

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47. Plaintiff and the members of the Class have all suffered injury in fact as a
result of the Defendants conduct.
48. The Class Period means four years prior to filing of the Complaint in this
action.

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49. Plaintiff brings this lawsuit on behalf of himself and other consumers

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similarly situated throughout the United States under the provisions of Rule

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23(a), (b)(2) and (b)(3) of the Federal Rules of Civil Procedure. Subject to

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additional information obtained through further investigation and/or

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discovery, the proposed Class consists of:

All persons who purchased television service from
DirecTV, or its subsidiaries, that included channels
carrying video presentations of live NFL football
games that were not available through a sponsored
telecast, within four years prior to the filing of the
Complaint in this action and until the effects of the
anti-competitive conduct end.

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Excluded from the Class are Defendants and any of their officers, directors,
and employees. Plaintiff reserves the right to modify or amend the Class
definition before the Court determines whether certification is appropriate.
50. Ascertainability. The members of the Class are readily ascertainable from
Defendants records and/or Defendants agents records regarding DirecTV
subscriptions, as well as through public notice.
51. Numerosity. The members of the Class are so numerous that their individual
joinder is impracticable. Plaintiff is informed and believes, and on that basis
alleges, that the proposed class consists of hundreds of thousands of members,
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if not millions.

52. Existence and Predominance of Common Questions of Law and Fact.

Common questions of law and fact exist as to all members of the Class

predominate over any questions affecting only individual Class members. All

members of the Class have been subject to the same conduct. The common

legal and factual questions include, but are not limited to, the following:

(a) Whether Defendants and their co-conspirators engaged in a

contract, combination, or conspiracy among themselves to fix,

raise, maintain or stabilize prices of NFL Sunday Ticket by

preventing any competitor from offering competing products;

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(b) The effect of Defendants conspiracy on the prices of NFL

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Sunday Ticket in the United States during the class period;

13

(c) The effect of Defendants conspiracy on the prices of pay

14

television packages that include NFL football games that are

15

not available on a sponsored telecast;

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(d) The identity of the participants of the conspiracy;

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(e) The duration of the conspiracy alleged herein and the acts

18

performed by Defendants and their co-conspirators in

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furtherance of the conspiracy;

(f) Whether the alleged conspiracy violated Section 1 of the

20

Sherman Act, 15 U.S.C. 1;

21

(g) Whether the alleged conspiracy violated Section 2 of the

22

Sherman Act, 15 U.S.C. 2;

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24

(h) Whether the conduct of Defendants and their co-conspirators,

25

as alleged in this Complaint, caused injury to the Plaintiff and

26

members of the Class; and

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(i) The appropriate class-wide measure of damages.

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53. Typicality. Plaintiffs claims are typical of the claims of the members of the
COMPLAINT

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Class in that Plaintiff is a member of the Class that Plaintiff seek to represent.

Plaintiff, like members of the proposed Class, was a subscriber to pay

television service provided by DirecTV, which included channels carrying

NFL football games that are not available on a sponsored telecast. Plaintiff

was a subscriber to NFL Sunday Ticket as part of this service. Plaintiff is

advancing the same claims and legal theories on behalf of himself and all

absent members of the Class. Defendants have no defenses unique to the

Plaintiff.

54. Adequacy of Representation. Plaintiff will fairly and adequately protect the

10

interests of the members of the Class. Plaintiff has retained counsel

11

experienced in consumer protection law, including class actions. Plaintiff has

12

no adverse or antagonistic interest to those in the Class, and will fairly and

13

adequately protect the interests of the Class. Plaintiffs attorneys are aware of

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no interests adverse or antagonistic to those of Plaintiff and proposed Class.

15

55. Superiority. A class action is superior to all other available means for the fair

16

and efficient adjudication of this controversy. Individualized litigation would

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create the danger of inconsistent and/or contradictory judgments arising from

18

the same set of facts. Individualized litigation would also increase the delay

19

and expense to all parties and court system and the issues raised by this action.

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The damages or other financial detriment suffered by individual Class

21

members may be relatively small compared to the burden and expense that

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would be entailed by individual litigation of the claims against the Defendant.

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The injury suffered by each individual member of the proposed class is

24

relatively small in comparison to the burden and expense of individual

25

prosecution of the complex and extensive litigation necessitated by

26

Defendants conduct. It would be virtually impossible for members of the

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proposed Class to individually redress effectively the wrongs to them. Even if

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the members of the proposed Class could afford such litigation, the court
COMPLAINT

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system could not. Individualized litigation increases the delay and expense to

all parties, and to the court system, presented by the complex legal and factual

issues of the case. By contrast, the class action device presents far fewer

management difficulties, and provides the benefits of single adjudication,

economy of scale, and comprehensive supervision by a single court.

Therefore, a class action is maintainable pursuant to Fed. R. Civ. P. 23(b)(3).

56. Unless the Class is certified, Defendants and their co-conspirators will retain

monies received as a result of the Defendants conduct alleged herein. Unless

a class-wide injunction is issued, Defendants and their co-conspirators will

10

also likely continue to engage in anti-competitive agreements, and members

11

of the Class will continue to suffer injury as a result.

12

57. Further, Defendants have acted or refused to act on grounds that are generally

13

applicable to the class so that declaratory and injunctive relief is appropriate to

14

the Class as a whole, making class certification appropriate pursuant to Fed.

15

R. Civ. P. 23(b)(2).

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FIRST CAUSE OF ACTION

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FOR VIOLATIONS OF SECTION 1 OF THE SHERMAN ACT

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15 U.S.C 1

19

58. Plaintiff repeats, re-alleges and incorporates by reference the above

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21
22

allegations as if fully stated herein.

59. Plaintiff brings this cause of action on behalf of himself and on behalf of the
putative Class.

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60. Beginning at a time presently unknown to Plaintiff, and continuing through

24

the present, the exact dates being unknown to Plaintiff, Defendants and their

25

co-conspirators entered into a continuing agreement, combination, or

26

conspiracy in restraint of trade with the purpose, intent, and effect of

27

restraining horizontal competition among the NFL teams and their television

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partners, and between the teams and the NFL, with the purpose, intent, and
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effect of restraining trade and commerce in the distribution of major league

professional football games, in violation of Section 1 of the Sherman Act, 15

U.S.C. 1.

61. The contract, combination, or conspiracy has resulted in an agreement,

understanding, or concerted action between and among the Defendants and

their co-conspirators that the League will be the exclusive provider of live

out-of-market games distributed through television providers.

Defendants and their co-conspirators have agreed that no club or network will

offer a competing product, or make their programming available within

another teams exclusive territory.

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The

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62. The contract, combination, or conspiracy has restrained competition between

12

and among the Defendants in violation of Section 1 of the Sherman Act. It

13

has led to anticompetitive effects in the relevant markets, as alleged above,

14

and caused injury to consumers and competition in those relevant markets

15

and elsewhere.

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63. The Defendants contract, combination, agreement, understanding, or

17

concerted action with their co-conspirators occurred in or affected interstate

18

commerce.

19

understandings, combinations, or agreements by, between, and among the

20

Defendants and other unnamed co-conspirators. These other co-conspirators

21

have either acted willingly or, due to coercion, unwillingly in furtherance of

22

the unlawful restraint of trade alleged herein.

The Defendants unlawful conduct was through mutual

23

64. Defendants anticompetitive conduct has directly and proximately caused

24

antitrust injury, in the form of higher prices and reduced choice, as set forth

25

above. Plaintiff and other consumers will continue to suffer antitrust injury

26

and other damage unless Defendants are enjoined from continuing to engage

27

in the foregoing violations of law.

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//
COMPLAINT

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SECOND CAUSE OF ACTION

FOR VIOLATIONS OF SECTION 2 OF THE SHERMAN ACT

15 U.S.C 2

65. Plaintiff repeats, re-alleges and incorporates by reference the above

allegations as if fully stated herein.

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66. Defendants and their co-conspirators, by the above-mentioned conduct,

possess monopoly power over the market for video presentations of major

league football games and have used that power for the purposes of

unreasonably excluding and/or limiting competition, in violation of Section 2

10

of the Sherman Act, 15 U.S.C. 2. These activities have gone beyond those

11

which could be considered as legitimate business activities, and are an

12

abuse of market position.

13

67. Through the anti-competitive conduct described herein, Defendants and their

14

co-conspirators have willfully acquired and maintained, and unless restrained

15

by the Court, will continue to willfully maintain, that monopoly power by

16

anti-competitive and unreasonably exclusionary conduct.

17

their co-conspirators have acted with an intent to illegally acquire and

18

maintain that monopoloy power in the relevant product market, and their

19

illegal conduct has enabled them to do so, in violation of Section 2 of the

20

Sherman Act, 15 U.S.C. 2.

Defendants and

21

68. Defendants anticompetitive conduct has directly and proximately caused

22

antitrust injury, as set forth above. Plaintiff and other consumers will continue

23

to suffer antitrust injury and other damage unless Defendants are enjoined

24

from continuing to engage in the foregoing violations of law.

25

//

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//

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//

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//
COMPLAINT

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PRAYER FOR RELIEF

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2

WHEREFORE, Plaintiff prays that judgment be entered against Defendant,

and that Plaintiff and Class members be awarded damages from Defendants as

follows:

That this action be certified as a Class Action, Plaintiff be appointed as

the representative of the Class, and Plaintiffs attorneys be appointed

Class counsel;

That the contract, combination, or conspiracy, and the acts done in

furtherance thereof by Defendants and their co-conspirators as alleged in

10

this Complaint, be adjudged to have been a violation of Section 1 of the

11

Sherman Act, 15 U.S.C. 1;

12

That the Defendants and their co-conspirators actions to illegally

13

acquire and maintain monopoly power in the relevant product market, be

14

adjudged to have been a violation of Section 2 of the Sherman Act, 15

15

U.S.C. 2;

16

That judgment be entered for Plaintiff and members of the Class against

17

Defendants for three times the amount of damages sustained by Plaintiff

18

and the members of the Class as allowed by law, together with the costs

19

of this action, including reasonable attorneys fees, pursuant to Sections

20

4 and 16 of the Clayton Act, 15 U.S.C. 15 and 26;

21

That Plaintiff and the Class be awarded pre-judgment and post-judgment

22

interest at the highest legal rate from and after the date of service of this

23

Complaint to the extent provided by law;

24
25

That Defendants and their co-conspirators be enjoined from further

violations of the antitrust laws;

26

Distribution of any monies recovered on behalf of members of the Class

27

via fluid recovery or cy pres recovery where necessary and as applicable,

28

to prevent Defendants from retaining the benefits of their wrongful

COMPLAINT

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conduct; and

That Plaintiff and members of the Class have such other, further or

different relief, as the case may require and the Court may deem just and

proper under the circumstances.

5
6

Dated: June 17, 2015

Respectfully submitted,
KAZEROUNI LAW GROUP, APC

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9

By: _s/ ABBAS KAZEROUNIAN_______

ABBAS KAZEROUNIAN, ESQ.
ATTORNEYS FOR PLAINTIFF

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TRIAL BY JURY
69. Pursuant to the Seventh Amendment to the Constitution of the United States
of America, Plaintiff is entitled to, and demands, a trial by jury.

15
16

Dated: June 17, 2015

Respectfully submitted,

17
KAZEROUNI LAW GROUP, APC

18
19

By: _s/ ABBAS KAZEROUNIAN_______

ABBAS KAZEROUNIAN, ESQ.
ATTORNEYS FOR PLAINTIFF

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27
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COMPLAINT

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