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DOJ Opens Antitrust Investigation Into NFL's Streaming and TV Deals

The Justice Department opened an antitrust probe into the NFL, questioning whether a 1961 broadcast law designed for free TV still applies when fans pay $1,500+ per season to watch every game.

Lisa Park··4 min read
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DOJ Opens Antitrust Investigation Into NFL's Streaming and TV Deals
Source: a57.foxnews.com

The Justice Department opened a formal antitrust investigation into the National Football League, targeting the league's streaming subscription model and questioning whether federal antitrust protections written more than six decades ago still apply in an era where watching every game costs fans more than $1,500 a season.

The probe examines whether the NFL engaged in anticompetitive tactics that harm consumers, with investigators focused specifically on the league's online streaming model and subscription fee structure. The full scope of the investigation has not been disclosed.

At the legal center of the case is the Sports Broadcasting Act of 1961, codified at 15 U.S.C. §§ 1291-1295. Congress passed the law on September 30, 1961, in direct response to court rulings that had blocked the NFL's pooled broadcasting deal with networks. It grants the NFL, NHL, NBA, and MLB limited antitrust immunity to collectively negotiate league-wide television contracts, something that would otherwise violate the Sherman Antitrust Act. The critical tension now before the DOJ: that exemption was designed for free, over-the-air telecasting, not for today's fragmented, subscription-dependent streaming environment.

The investigation followed a March 3, 2026 letter from Sen. Mike Lee (R-Utah), chairman of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, urging both the DOJ and the Federal Trade Commission to review whether the NFL's distribution methods violated the Sports Broadcasting Act. Lee argued that the modern landscape "differs substantially from the conditions that precipitated this exemption." After the investigation became public, Lee said: "Much has changed in sports broadcasting since 1961, raising new questions about the NFL's antitrust exemption. I'm glad the DOJ is tackling this important issue, as I urged them to do last month."

The consumer cost argument anchors Lee's concern. His letter stated that football fans spent "almost $1,000 on cable and streaming subscriptions" to watch every NFL game during the 2024-25 season. An FCC Media Bureau report went further, finding that during the 2025 season NFL games were distributed across 10 separate services and networks, with the all-in cost to a consumer seeking to watch every game exceeding $1,500.

That cost structure reflects how sprawling the league's media business has become. In 2021, the NFL signed deals with Amazon, CBS, ESPN/ABC, FOX, and NBC running through the 2033 season and collectively valued at approximately $110 billion, roughly a 75% increase over prior agreements. Annual rights fees run approximately $2.7 billion for ESPN/ABC, $2.2 billion for FOX, $2.1 billion for CBS, $2.0 billion for NBC, and $1.0 billion for Amazon's Thursday Night Football package. YouTube pays roughly $2.0 billion annually for NFL Sunday Ticket, which consumers purchase separately for $240 per season. Netflix paid approximately $150 million for the 2024 Christmas Day doubleheader; Peacock paid roughly $110 million for an exclusive Wild Card playoff game. In a separate deal, Disney's ESPN acquired NFL Network, the RedZone Channel, and NFL Fantasy, with the NFL receiving a 10% equity stake in ESPN valued at $3 billion.

AI-generated illustration
AI-generated illustration

The probe also arrives in the aftermath of a significant, if ultimately reversed, legal blow to the league. In June 2024, a jury in U.S. District Court in Los Angeles found the NFL violated antitrust laws in distributing out-of-market Sunday afternoon games through Sunday Ticket, awarding $4.7 billion in damages to approximately 2.4 million residential subscribers and $96 million to roughly 48,000 commercial subscribers. Under federal antitrust law, those damages could have been tripled to approximately $14.39 billion. The trial judge later overturned the verdict, but the case is considered directly relevant to the current DOJ investigation.

Further complicating the media landscape, Paramount's 2025 merger with Skydance triggered a change-of-control clause enabling the NFL to reopen negotiations with CBS after the 2029-30 season, at a point when analysts expect renegotiated deals to cost media partners considerably more.

The league pushed back firmly. "The NFL's media distribution model is the most fan and broadcaster-friendly in the entire sports and entertainment industry," it said in a statement. "With over 87% of our games on free, broadcast television... the NFL has for decades ensured that games are widely available and affordable for all fans." The league pointed to audience records to bolster its case: the 2025 season was its most-watched since 1989, and Week 1 of the 2024 season averaged 21 million viewers per game, the highest opening week on record.

If the DOJ investigation reshapes how the NFL and its streaming partners do business, the consequences are unlikely to stop at the league's sidelines. The probe could alter how exclusive streaming deals and content bundling work across all major U.S. sports, a reckoning with implications for every league operating under legal protections written when television meant a single antenna on a rooftop.

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DOJ Opens Antitrust Investigation Into NFL's Streaming and TV Deals | Prism News