Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Senate antitrust subcommittee chair encouraged by reported DOJ probe of NFL distribution model, (Apr 10, 2026)
Organizations Mentioned:National Football League
First report of Department of Justice investigation into National Football League broadcasting deals came from Wall Street Journal.
In light of growing concern over National Football League (NFL) games moving to streaming services, as well as cable networks, and the corresponding increasing costs for fans, the Department of Justice has reportedly opened an antitrust investigation into the NFL's deals concerning television broadcasting rights. The Wall Street Journal was the first news outlet to report the probe on April 9. The reported investigation follows calls from Senator Mike Lee (R., Utah), Chair of the Senate Judiciary Committee's antitrust subcommittee, for a review of the league’s antitrust exemption that allows professional football teams to collectively license their games.
Lee questioned whether the Sports Broadcasting Act, which grants the limited antitrust immunity for professional football teams to collectively license telecasts of their games, extends to licensing to “streaming platforms, premium cable networks, and technology companies operating under different business models,” in a March 2 letter to the Department of Justice Antitrust Division and FTC.
“To the extent collectively licensed game packages are placed behind subscription paywalls, these arrangements may no longer align with the statutory concept of sponsored telecasting or the consumer-access rationale underlying the antitrust exemption,” he added.
The letter closes with a request to the agencies to “evaluate whether the statute continues to serve consumers or should be revised to reflect modern market conditions.”
Later in March, Federal Communications Commission Chair Brendan Carr also questioned whether the NFL should benefit from the 1961 exemption when the league is negotiating with streaming services rather than television broadcasters.
The reported antitrust investigation has not been confirmed by the Justice Department. However, the league has reportedly defended its distribution model in response to the probe.
The New York Times reported that an NFL spokesperson explained that “over 87% of [the league’s] games [are] on free, broadcast television, including 100% of games in the markets of the competing teams,” and added that “the NFL has for decades put our fans front and center in how we distribute our content.”
Senator Lee reacted positively to the media reports.
“I urged the DOJ to examine the Sports Broadcasting Act and its applicability to current media landscape,” said Lee in a post on social media platform X. “I’m glad they’re tackling this.”
“The modern distribution environment differs substantially from the conditions that precipitated this exemption,” the Senate antitrust subcommittee chair reiterated. “To the extent collectively licensed game packages are placed behind subscription paywalls, these arrangements may no longer align with the statutory concept of sponsored telecasting or the consumer-access rationale underlying the antitrust exemption.”
Companies: National Football League
News: Antitrust AntitrustDivisionNews FederalTradeCommissionNews