Hunter Tierney Apr 16, 2026 8 min read

The NFL’s TV Empire Is Now a DOJ Investigation

Dec 21, 2023; Inglewood, California, USA; Amazon Prime Thursday Night Football broadcasters from left: Charissa Thompson, Tony Gonzalez, Ryan Fitzpatrick, Andrew Whitworth and Richard Sherman during the game between the Los Angeles Rams and the New Orleans Saints SoFi Stadium.
Kirby Lee-Imagn Images

You already know the NFL is the most powerful entity in American sports. We don't need to relitigate that. Eighty-three of the hundred most-watched TV events last year were NFL games. The league pulls in nearly $11 billion a season just from the media deals alone. It is, in every practical sense, untouchable.

And then, earlier this month, the Department of Justice decided to open an antitrust investigation into the league.

Not a hearing. Not another strongly worded letter. A real federal probe.

So what actually happened here, and what does it mean for the fan just trying to watch their team play on a Thursday night?

The 1961 Loophole Nobody Thinks About

To understand why this is happening now, you have to go back to a law most people have never even heard of: the Sports Broadcasting Act of 1961.

Basically, it gave the NFL — and other leagues — a partial pass on antitrust rules. Normally, you can’t have every competitor in an industry sit down together and sell their product as one big bundle. That’s usually when words like “price-fixing” start getting thrown around. But Congress made an exception here, letting leagues pool their TV rights and sell them as one package.

Back then, it actually made sense. There were only a handful of networks — ABC, CBS, NBC — and bundling everything together was the easiest way to get games on TV across the country. The idea wasn’t to squeeze fans, it was to make sure people could actually watch football.

Here’s the part that matters now: that protection was built for broadcast TV. Not cable. Not satellite. Definitely not streaming. Courts have been pretty clear on that over the years.

And yet the NFL has kept operating like that same protection still stretches across everything. Legally, that’s where things start to get a little shaky.

The $1,000 Problem

Dec 25, 2024; Pittsburgh, Pennsylvania, USA; Netflix Christmas GameDay cake seen after the Kansas City Chiefs defeated the Pittsburgh Steelers at Acrisure Stadium.
Charles LeClaire-Imagn Images

This really started picking up steam in February, when the FCC put out a call for public comment on what all these streaming deals are actually doing to fans trying to watch games. That was the first real sign this wasn’t just background noise anymore.

Then last month, Senator Mike Lee — who chairs the Senate’s antitrust subcommittee — stepped in and pushed things further. He sent a letter to the DOJ and FTC asking them to take a hard look at how the NFL is set up right now, and he didn’t exactly tiptoe around the issue:

To watch every NFL game during the past season, football fans spent almost $1,000 on cable and streaming subscriptions... The modern distribution environment differs substantially from the conditions that precipitated this exemption. Instead of a small number of free broadcast networks, the NFL now licenses games simultaneously to subscription streaming platforms, premium cable networks, and technology companies operating under different business models.

A thousand dollars… for football. Something that used to just come through your antenna for free.

And when you actually look at it, the math checks out. If you want the full slate now, you’re bouncing between CBS, NBC, ABC, Fox, ESPN, Prime Video for Thursdays (and Black Friday), Netflix for Christmas, and YouTube TV for Sunday Ticket — which is another $240 by itself — plus whatever you’re paying for internet. In 2026, the NFL is everywhere… which also means it’s nowhere all at once.

Not long after that letter went out, the DOJ opened an antitrust investigation.

The Quiet Fight Behind All of This

This is where it starts to feel a little less straightforward — because there’s another layer to this that hasn’t really been front and center in most of the coverage.

Inside the league, the belief is that Fox is a big part of why this is even happening. Not the only reason, but a major one.

And when you look at the timing, it’s hard to ignore. The NFL is sitting on an 11-year, $111 billion media deal that runs through 2033 (and 2034 with ESPN), but there’s an opt-out after the 2029 season. Everyone expects the league to use it, and when your product makes up 83 of the top 100 TV events, you certainly have the leverage.

Fox is already paying over $2 billion a year for their Sunday package. If the NFL opts out and reopens talks, that number is only going one direction. So from Fox’s side, anything that chips away at the league’s leverage matters.

Then you add in the media side of it. The Wall Street Journal — which broke the story — is under the Fox umbrella. So isn't the New York Post, whose been pretty loud on the concerns around how the NFL handles the media deals. That doesn’t automatically make it some grand scheme — the concerns are real — but it does give you a little more context on how this all gained traction.

Pro Football Talk pointed out that this could be as much about leverage as it is about policy — a way to push back on the NFL before the next round of negotiations. And from the league’s perspective, that’s pretty much how they’re reading it. One person familiar with their thinking said the reaction internally was “surprised,” but also admitted they’d already started to suspect Fox was helping stir things up behind the scenes.

The Sunday Ticket Hangover

Oct. 19, 2013; El Segundo, CA, USA; Red Zone host Andrew Siciliano on the set of DIRECTV's NFL Sunday Ticket's RED ZONE Channel at DIRECTV's Los Angeles Broadcast Center in El Segundo, CA. For a behind the scenes look at DIRECTV's innovative platform created to watch NFL action every Sunday.
Jayne Kamin-Oncea-Imagn Images

This didn’t just pop up out of nowhere either. Back in 2024, a federal jury in Los Angeles said the NFL crossed the line with how they handled out-of-market games through Sunday Ticket on DirecTV. They hit the league with almost $4.8 billion in damages — and with antitrust law, that number can get tripled. So suddenly, you’re talking about roughly $14.2 billion on the table.

That case covered 2.4 million residential subscribers and another 48,000 businesses who paid for Sunday Ticket from 2011 through 2022. The argument from the plaintiffs wasn’t complicated: the NFL’s setup kept prices high because there was no real competition for those out-of-market games.

Then a judge stepped in and threw the verdict out, saying the way damages were calculated didn’t hold up. So the league dodged it — at least for now. The case is still on appeal in the Ninth Circuit, so this thing’s not over yet.

Since then, Sunday Ticket has moved over to YouTube TV, now sitting at $240 for the season. Different platform, same basic idea.

And that’s really the point — the delivery changed, but the bigger questions didn’t. Is the system fair? And are fans paying more than they should have to just to their favorite teams?

The NFL's Defense — And Why It's Not Crazy

The league’s response has been pretty steady: more than 87% of games are still on free TV, every local game is available without a subscription, and the 2025 season ended up being the most-watched since 1989.

They said as much in a statement they released:

The NFL's media distribution model is the most fan and broadcaster-friendly in the entire sports and entertainment industry.

And honestly, there’s some truth there. If all you care about is your team, you can still flip on the TV and find them most weeks without paying extra. The squeeze really hits the die-hards who want everything — every game, every window, every out-of-market matchup. That’s where it starts to add up.

Frank Hawkins, the former head of media for the NFL, put it pretty plainly:

The NFL can sell its games to whoever it wants, they just have to be ready to defend it in an antitrust case. And they are the most fan friendly of the sports leagues in the way they set up their television, so they would have a good case.

And that’s probably not far off. We still don’t really know how far this investigation is going to go, or if it turns into anything concrete at all. A lot of these cases end up being more about applying pressure than forcing real change. This might end up being more leverage than anything else.

At the very least, this is finally being talked about — and that's a win in itself for fans everywhere. It doesn’t fix anything yet, but it’s a start.


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