Key Points
Bullet point summary by AI
- The NFL is currently under a federal investigation by the Department of Justice focusing on potential antitrust violations tied to its broadcasting agreements.
- The probe centers on whether the league's shift toward streaming games unfairly limits competition and forces fans into paying for multiple subscriptions.
- A resolution could either restrict the NFL's streaming expansion or introduce competitive bidding from traditional networks.
The National Football League is under federal investigation. An open probe by the Department of Justice is formally looking into antitrust violations by the league in relation to its broadcasting agreements. Football fans that feel their wallets have been taken advantage of by the NFL's ever-increasing slate of streaming-exclusive games will want to keep their eyes on how this investigation plays out.
As more and more content consumers move to streaming as opposed to traditional cable and broadcast television, the NFL has moved with them in recent seasons by introducing special games on those platforms. Last year saw the debut of a Christmas Day triple-header (on a Thursday) with two games streaming on Netflix and another on Amazon Prime which already owned the Thursday Night Football slot.
Why is the NFL being investigated for antitrust violations?
The league has embraced the shift towards streaming games during the week or aside from its traditional network partners CBS, NBC, ESPN/ABC and FOX. The latter of which appears to have spearheaded the lobbying that sparked the federal investigation, according to new reporting.
ESPN's Ben Strauss relayed Friday that Murdoch family-led FOX supposedly led the charge in convincing members of Congress, the Federal Communications Commission and the Justice Department that the NFL's broadcasting rights sales model no longer qualifies for protection under the Sports Broadcasting Act of 1961. The law allows the league to pool each franchise's game rights into one big contract negotiated directly with networks.
Typically, if a large company with control over commerce in a specific industry across multiple markets reaches a certain threshold in limiting competition, the federal government will step in and prevent it from getting any bigger. See the fight over Standard Oil and U.S. Steel monopolies in the early 20th century that brought about the Sherman Antitrust Act.
The NFL is one of those "companies" with exclusive control over pro football — with relation to its teams — in 30 different markets (New York and Los Angeles have two teams each). The Sports Broadcasting Act is federal legislation granting the league an exception from the Sherman Antitrust Act with regard to television game rights.
Back in the early days of the league, franchises were too small and weak to negotiate beneficial broadcast deals with television networks. So, the government allowed the league to negotiate on their behalf which resulted in the network-exclusive slate of games we watch on Sundays and Mondays.
However, an ever-growing contingent of bipartisan members of Congress and officials within the Trump administration are advocating for a change to the Sports Broadcasting Act that would prevent the NFL from - in their eyes - forcing fans to pay more for football on streaming that used to be free via television.
The NFL, which boasts one of the most fan-friendly media rights experiences in the country, claims the streaming shift is nothing out of the ordinary when it comes to the business of broadcasting rights.
What the antitrust investigation could mean for fans going forward
If the government is successful in curbing the NFL from its streaming expansion, fans wouldn't have to worry about needing subscriptions to multiple platforms to see a single game on a holiday anymore. However, the investigation could result in a more nuanced way.
The NFL may be permitted to continue expansion into streaming platforms but it would be required to allow bids from traditional networks to air those special games. Essentially, the law would sanction bidding wars for the specialty games in the name of fair market competition.
You could argue the league should be doing that to begin with, it would make more money in the long run. However, the blame for how complicated this mess really is lies somewhat with consumers too.
Viewers, especially the ever-growing population of younger fans, are cutting cable cords and choosing to subscribe to streaming platforms for their daily content consumption. The NFL is just trying to meet its customers where they are.
The main gripe is coming from older, already established fans who don't want to pay extra and figure out how to work another remote on their smart televisions to launch an app to view football.
This investigation is going to take awhile so don't expect any forced changes to the upcoming 2026 schedule. But whatever the result is, the way football is viewed could be significantly altered as soon as 2029 when the league can trigger opt-out clauses with networks and potentially demand more money.
If the league beats the allegations, be prepared for more games to shift to streaming by that critical benchmark date.