Justice Department probes NFL over broadcast contracts

The Justice Department is investigating the National Football League, or NFL, for possible violations of broadcast licensing law, Sen. Mike Lee, R-Utah, confirmed Thursday. As chairman of the Senate’s antitrust committee, Lee requested the probe in March.

The 1961 Sports Broadcasting Act gave professional sports teams limited immunity from antitrust regulations in order to collectively license sponsored telecasts of their games to national broadcast networks. Courts have previously held that the law refers to broadcasts that are free to the public and funded through advertising breaks, Lee argued.

But the NFL’s current practice of licensing games to a variety of subscription streaming platforms, cable networks, and technology companies goes beyond that definition, he said. Customers had to spend nearly $1,000 to watch every NFL game over the past football season due in part to paywalls and subscription services, he said. That total could rise, as one streaming service recently refused to renew its agreement with DirectTV to distribute Sunday afternoon games, instead requiring businesses to sign up for the subscription. The agreement previously allowed DirectTV to provide game broadcasts along with its other services used by most bars and restaurants.

In addition to investigating the NFL, Lee urged the Justice Department to make a recommendation on whether the Sports Broadcasting Act should be revised to more closely align with the current media landscape.

How did the NFL respond to the investigation? More than 87% of its games were available on free broadcast television, the league told the Associated Press. That number included all games played in a team’s local market area, according to the NFL.

Dig deeper: Read Nathan A. Finn’s WORLD Opinions piece on the moral issues of sports betting.