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Strong House committee criticizes NFL’s outdated antitrust exemption from the 1960s in passionate letter

Strong House committee criticizes NFL's outdated antitrust exemption from the 1960s in passionate letter

House Judiciary Committee Questions NFL Broadcasting Practices

A new report from the House Judiciary Committee has sharply criticized the NFL for misusing a 1960s antitrust exemption, urging the league to reform its media strategies to better serve football fans.

This influential congressional committee warned of potential legal challenges and antitrust scrutiny regarding the NFL’s broadcast agreements, describing the framework as a “house in the sand built on excessive antitrust exemptions.” The document, which has garnered significant attention, outlines serious concerns about the NFL’s current practices.

Committee members, including Chairman Jim Jordan, pointed out that the Sports Broadcasting Act of 1961 was meant to ensure games were accessible on television and to prevent financial instability for the league. Instead, they argue it has turned into a means of restricting access behind streaming paywalls.

The report highlights the complications consumers face today in accessing live NFL games, stating that some fans might spend upwards of $600 for a season pass just to follow their favorite team.

Criticism was particularly directed at the Sunday Ticket package, a $480 offering designed for die-hard fans wishing to catch as many games as possible. Yet, the committee found that over 70% of former subscribers had purchased TV packages primarily to watch their favorite teams, only to cancel due to high costs.

Evidence from an ongoing antitrust case regarding Sunday Ticket indicated the league had previously violated antitrust laws, with a jury awarding nearly $5 billion in damages before the ruling was overturned.

While ESPN had proposed a Sunday Ticket option for $70 per person, the NFL turned down these offers, leading to fewer affordable choices for fans.

The committee took issue with the NFL’s assertion that 87% of its games are available as “primary broadcasts” on television, contending that many games are not accessible to the average viewer depending on the week and location.

The report further noted that the league’s media rights contracts have ballooned, compensating each team more than 100 times their earnings in 1961, adjusted for inflation.

The NFL has not yet responded to requests for comment on the report.

If the Sports Broadcasting Act were to be repealed, the league would be forced to abandon its bundled game sales to broadcasters or streaming platforms, likely leading to unequal contracts and jeopardizing its revenue-sharing model.

In April, the Justice Department initiated an antitrust investigation focusing on the increasing financial barriers that make it difficult for fans to enjoy NFL games.

Additionally, the Federal Communications Commission has solicited public feedback on how the transition from traditional broadcasting to streaming is affecting sports viewership, possibly signaling a more in-depth inquiry.

FCC Chairman Brendan Kerr has noted that the NFL could lose its broadcasting exemption if it continues to push a significant number of live games behind paywalls.

Fans wishing to follow all major games in 2025 faced monthly fees for multiple streaming services, adding to their cable expenses.

Over the last two years, the NFL has shifted its playoff games to streaming platforms exclusively. The league argues that streaming services are becoming the primary way for viewers to access content and assert that they must adapt to reach their audience effectively.

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