Justice Department investigating NFL over how it handles broadcast rights as league pushes back

The United States Justice Department opened an investigation into whether the National Football League's broadcast rights practices harm consumers, according to The Wall Street Journal.

Antitrust laws prohibit anticompetitive conduct and mergers that deprive American consumers, per the Justice Department. However, the Sports Broadcasting Act of 1961 granted the NFL a limited scope of protection from antitrust laws, allowing the league and its teams to negotiate television broadcast rights collectively. 

Today, media companies, members of Congress and federal regulators are concerned about the difficulty some fans face in watching their favorite games because broadcast rights deals that place packages of games behind streaming paywalls.

When the Sports Broadcasting Act passed in 1961, consumers watched games over broadcast television, which remains accessible for free with an antenna. NFL partnerships with streaming services now require subscriptions to watch some games. It is worth noting that games remain available in local markets for teams whose games are on a streaming service.

"The NFL's media distribution model is the most fan- and broadcast-friendly in the entire sports and entertainment industry," the NFL said in a statement via CBS Sports NFL insider Jonathan Jones. "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 2025 season was our most viewed since 1989 and reflects the strength of the NFL's distribution and its wide availability to all fans."

Federal concern

In February, the Federal Communications Commission announced it was seeking public comment on how the increased shift of game packages to streaming services affects fans. U.S. Senator Mike Lee, chair of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, sent a letter in March to the Federal Trade Commission and the Justice Department requesting a review of the NFL's exemption from antitrust laws.

"To watch every NFL game during the past season, football fans spent almost $1,000 on cable and streaming subscriptions," Lee wrote, via the Wall Street Journal. "The NFL has said it is the most fan-friendly league, with 87% of its games available on local TV, more than many other sports that have largely migrated to streaming services and cable channels."

Contract renegotiation

The NFL and Paramount are negotiating a new broadcast rights deal that could increase CBS' current deal -- around $2.1 billion annually for its Sunday package -- by 50% to 60%, per CNBC. Such an increase would push CBS' deal above $3 billion annually. Paramount's merger with Skydance Media triggered a change-of-ownership clause that allows the NFL to renegotiate its agreement.

The league is looking to do the same with other partners, as its current contracts with CBS, NBC and Fox include opt-outs after the 2029 season, per the Wall Street Journal. NFL games accounted for 83 of the 100 most-watched telecasts in the U.S. in 2025, according to Sportico. The NFL's broadcast rights deals with CBS, NBC, Fox and Amazon expire after the 2033 season, and its agreement with ESPN runs through the 2034 season.

The Wall Street Journal reports the league is considering whether to opt out of those contracts after the 2029 season to secure higher broadcast rights fees. If that happens, broadcast rights holders would likely seek longer contract terms to offset higher annual fees.

CBS Sports is part of Paramount Skydance Corporation, and the National Football League owns a small stake in the company.