NFL Commissioner Roger Goodell has been invited to testify before Congress as the league faces increasing federal scrutiny about its broadcast deals and its recent practice of airing games on paywalled streaming services.
Rep. Jim Jordan, R-Ohio, the chairman of the House Judiciary Committee, sent a letter to the commissioner Monday requesting his appearance at a hearing June 10 examining the league’s TV deals and their compliance with the Sports Broadcasting Act of 1961.
The 65-year-old law grants professional sports leagues limited antitrust immunity, allowing them to pool their media rights and negotiate as a single entity while protecting them from antitrust lawsuits.
The law applies only to broadcast networks. Courts have ruled in the past that it does not apply to other media, including cable, satellite and streaming. There has been bipartisan sentiment in favor of updating the law, and President Donald Trump has been among the critics of the NFL’s embrace of streaming.
According to Jordan’s letter, the hearing next week will “examine the extent to which the antitrust exemption created by the SBA has been used by the professional sports leagues to harm consumers and whether potential legislative remedies may be needed to address that harm.”
An NFL spokesman did not immediately respond to a request for comment on the letter.
AJ Barner of the Seattle Seahawks catches a touchdown during the fourth quarter of Super Bowl 50.Kevin Sabitus / Getty Images
The move by Congress comes as the Justice Department is investigating the NFL for potential anticompetitive practices. Speaking in April when the probe was disclosed, a government official, who was not authorized to discuss an ongoing investigation by name, said it was “about affordability for consumers and creating an even playing field for providers.”
In March, Sen. Mike Lee, R-Utah, wrote a letter to the Justice Department and the Federal Trade Commission urging them to review whether the NFL’s distribution methods comply with the 1961 law. The FTC has sought comments from the public on the shift of live sports from broadcast channels to streaming services.
The NFL has said 87% of its games are available on free television, and games aired exclusively on cable or streaming services remain available over the air in the home markets of the competing teams.
The league has broadcast or streaming deals with CBS/Paramount+, NBC/Peacock, ABC/ESPN/ESPN+, Fox, NFL Network, Amazon Prime Video, Netflix and YouTube TV. Thursday night games moved to Prime Video in 2022, and the league has since moved a wild-card playoff game, Christmas Day games and a Black Friday game to streamers.
This season, Netflix will stream an opening-week game between the San Francisco 49ers and Los Angeles Rams in Melbourne, Australia, and a Green Bay Packers-Rams game the day before Thanksgiving.
