The NFL yesterday asked a federal court to dismiss an antitrust lawsuit filed against the league for its out-of-market satellite package, and sought to seal statements from top execs at Fox, CBS and DirecTV, arguing publicizing them would seriously harm the league’s business. An assortment of establishments -- largely bars -- brought the lawsuit in December, arguing the exclusive out-of-home package contract with DirecTV is an antitrust violation. Unsurprisingly, the league in a motion to dismiss argued it was not. Prior to filing the motion, the league asked the court to allow it to file under seal the declarations of NFL counsel Dolores DiBella, Fox Sports Media Group Senior VP/Business & Legal Affairs Kai Dhaliwal, CBS Sports Exec VP/Programming Robert Correa and AT&T VP & Associate General Counsel Christopher Murphy, whose company owns DirecTV. The league said each declaration included sensitive business information pertaining to licensing and distribution.
KEEPING IT SECRET: Wilkinson Walsh + Eskovitz Founding Partner Beth Wilkinson, serving as outside counsel for the NFL, wrote in the sealing motion, "The public disclosure of such information would unfairly and irrevocably harm the business interests of the NFL, CBS, Fox, and DirecTV by revealing their confidential business information and long-term business plans. If the NFL’s competitors or potential licensees were permitted to view these materials, they would have valuable inside information about the way that the NFL’s broadcasting and distribution agreements are structured." So sensitive is the information, the motion said, the NFL, CBS, Fox and DirecTV limits to a small circle the number of employees who can see the documents. U.S. District Court for Central California Judge Beverly Reid O'Connell has not ruled on the sealing motion. The plaintiffs did not object to the motion, though Wilkinson wrote they also have not seen the documents and reserved the right to change their position.
