The Department of Justice is investigating the National Football League's antitrust exemption following its increasing shift of games to costly streaming bundles. This investigation stems from growing concerns regarding consumer access and the future of local broadcasting.

Concerns from FCC and Senate

The probe was initiated after public warnings from Federal Communications Commission (FCC) Chairman Brendan Carr and a letter from Senator Mike Lee. Both raised concerns about the implications of the NFL’s broadcasting practices and their impact on fair competition and public access to games.

Rising Costs for Fans

The shift to streaming, with games spread across platforms like Netflix, Amazon Prime, and Peacock, could make watching the NFL prohibitively expensive. Analysts estimate the cost to access all games could reach up to $1,500 annually.

Antitrust Exemption Under Scrutiny

Chairman Carr argues the NFL’s antitrust exemption, granted under the Sports Broadcasting Act of 1961, was intended for free, over-the-air television, not paid streaming services. He has voiced concerns that the league is restricting access to games behind paywalls, potentially invalidating its legal protections.

Carr stated that moving NFL games to streaming services poses a “real threat to local broadcast TV,” and maintaining access to broadcast TV is crucial for local news and reporting.

Senator Lee's Call for Review

The investigation follows a letter sent just over a month ago by Senator Mike Lee to the DOJ & FTC, urging a review of the NFL’s broadcast practices and its use of the antitrust exemption.

NFL's Response and Potential Violations

The NFL maintains that streaming services are replacing traditional broadcasters and that adapting to new technology is necessary to reach viewers. However, the DOJ is examining whether the league is abusing its antitrust exemption by limiting accessibility and increasing costs.

The investigation centers on potential violations of the Sherman Antitrust Act of 1890, which prohibits anti-competitive business practices. The outcome could significantly impact how the NFL broadcasts games and how fans access them in the future.