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DOJ Probe Reportedly Targets NFL Streaming Deals
The New England Patriots play the Seattle Seahawks during the fourth quarter in Super Bowl LX at Levi's Stadium on Feb. 8 in Santa Clara, California. (Thearon W. Henderson/Getty Images)
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Fred Lucas is chief news correspondent and manager of the Investigative Reporting Project for The Daily Signal. He is the author of “The Myth of Voter Suppression: The Left’s Assault on Clean Elections.” Send an email to Fred.
The Justice Department opened an investigation into whether the National Football League engaged in anticompetitive practices, The Wall Street Journal first reported Thursday.
The investigation follows growing concern from lawmakers and regulators that the NFL’s expanding web of cable and streaming deals has made it harder—and more expensive—for fans to watch games.
Sen. Mike Lee, R-Utah, and other members of Congress have raised concerns about the difficulty for consumers to watch games across multiple paid platforms, saying the streaming deals drive up costs and create confusion for consumers. The warnings have prompted the Federal Communications Commission to seek public comment on the issue.
Last month, Lee wrote a letter asking the Justice Department and the Federal Trade Commission to investigate the NFL.
“To watch every NFL game during this past season, football fans spent almost $1,000 on cable and streaming subscriptions. In practice, this requires subscribing to multiple streaming services and maintaining high-speed internet in addition to a traditional cable or satellite bundle,” Lee wrote.
The Sports Broadcasting Act of 1961 grants the NFL limited carve-outs to antitrust law to allow teams to negotiate packages of TV rights.
When the law was enacted, consumers watched games on broadcast TV, and streaming platforms didn’t exist.
In a statement on Thursday, an NFL spokesperson said, “The NFL’s media distribution model is the most fan- and broadcaster-friendly in the entire sports and entertainment industry.”
The spokesperson added, “With over 87% of our games on free, broadcast television, including 100% of games in the markets of the competing teams, the NFL has for decades put our fans front and center in how we distribute our content.”
The Daily Signal first reported this week on a poll that found 84% of respondents said NFL games should remain on broadcast TV or be available on both free and paid viewing platforms.
The poll found that 93% of respondents said it is important for live sporting events to be available on broadcast television so they can be interrupted for local emergency alerts, such as tornado warnings. The poll was conducted by the Internet Accountability Project.
The Daily Signal did not immediately receive a response from either the Justice Department or the NFL for this story.
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