NFL skips House hearing as scrutiny of streaming antitrust exemption intensifies

The NFL’s refusal to testify underscores a high-stakes legal gamble that its 1961 antitrust exemption inherently extends to digital distribution. If federal regulators or courts find the exemption only applies to over-the-air 'sponsored telecasting,' the league's billion-dollar exclusive deals with Amazon and Netflix could face direct challenge for restraining trade. This friction signals a potential regulatory bottleneck for leagues attempting to monetize content through fragmented, platform-exclusive models. Industry stakeholders must watch for the DOJ’s next move in its formal investigation, as a finding of non-compliance could force the NFL to abandon exclusive national streaming windows or adjust its collective bargaining for media rights.

The NFL's legal defense rests on its claim that 87% of games remain on broadcast television, yet federal scrutiny has reached its highest level in decades. Per CBS News and The Wall Street Journal in April 2026, the Department of Justice launched an antitrust investigation into the league's media rights agreements, focusing on how fragmentation and the shift to paid platforms affect consumer costs. This followed a 2024 class-action lawsuit where a jury initially awarded $4.7 billion in damages to 'Sunday Ticket' subscribers, finding early distribution models anticompetitive. Although a federal judge overturned that verdict in August 2024 due to flawed expert testimony, the litigation is currently under appeal in the 9th Circuit, providing the NFL with a legal pretext to avoid public testimony.

Simultaneously, the FCC initiated a formal inquiry in February 2026 into the 'migration of sports rights' from free airwaves to subscription streaming. Per the FCC's public notice, officials are examining the impact of 20 regular-season games being made exclusive to services like Amazon, YouTube, and Netflix during the 2025 season. Lawmakers such as Senator Mike Lee (R-UT) and Senator Tammy Baldwin (D-WI) have intensified the pressure, with Baldwin introducing the 'For the Fans' Act in April 2026. This legislation aims to protect over-the-air access and curb the rising costs for fans, who analysts at Forbes estimate must now spend nearly $1,500 annually to access a full season's worth of games across fragmented platforms.

While the NFL maintains that its model is fan-friendly—pointing to record viewership in 2025—it is also using change-of-ownership clauses to exit existing deals. Per CNBC in April 2026, the league is currently renegotiating its contract with Paramount (parent of CBS) following the Skydance merger, reportedly seeking an additional $1 billion per season. As the NFL considers opting out of several major network contracts as early as 2029, the tension between maximizing streaming revenue and satisfying federal oversight regarding 'free' access remains the central conflict in the sports media landscape.