The Justice Department has begun an investigation into whether the NFL has violated anticompetitive practices with its television contracts that require consumers to pay subscription costs to watch some games, sources confirmed to ABC News.
"This is about affordability and creating an even playing field for providers," a government official told ABC News.
The Wall Street Journal first reported the news, writing that the "nature and scope" of the Justice Department's investigation were unknown.
The NFL has an antitrust exemption for the negotiating of its television contracts through the Sports Broadcast Act of 1961, which only applies to broadcast television. Courts have ruled in the past that it does not apply to other media, including cable, satellite and streaming.
The NFL currently has television contracts with ESPN/ABC, NBC Sports, CBS Sports, Prime Video and Netflix to air its games. Subscriptions are required to watch "Monday Night Football" games on ESPN that aren't simulcast on ABC, "Thursday Night Football" and the Black Friday game on Prime Video, and Christmas games on Netflix. Some international games also air on NFL Network, which is owned by ESPN. Select postseason games also require subscriptions. The NFL has also awarded select games to ESPN+ and Peacock in the past.
All games, however, air free on the local stations in the broadcast markets of the teams playing.
"The NFL's media distribution model is the most fan and broadcaster-friendly in the entire sports and entertainment industry," the NFL said in a statement Thursday. "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 distribution model and its wide availability to all fans."
Sen. Mike Lee (R-Utah), who is the chair of the Senate Judiciary Committee's Subcommittee on Antitrust, Competition Policy, and Consumer Rights, wrote a letter to the Justice Department and the Federal Trade Commission on March 3 urging them to review whether the NFL's distribution methods are in line with the Sports Broadcasting Act.
Lee said in his letter that football fans spent almost $1,000 on cable and streaming subscriptions. Forbes estimated the cost of watching every NFL game via streaming last season at $765.
He applauded the investigation on social media Thursday.