DOJ probes NFL over streaming deals as antitrust exemption draws scrutiny
The Justice Department is probing the NFL's exclusive streaming deals amidst fan frustration over fragmented and paid access. FCC Chairman Brendan Carr questions if the league should retain its special antitrust exemption, initially established by the 1961 Sports Broadcasting Act. Fox News contributor Jonathan Turley suggests Congress examine the NFL's monopoly structure, highlighting their $25 billion annual revenue and rising fan costs.
The recent pushback against the NFL funneling games to streaming carriers includes federal oversight of the matter, but that isn't stopping the league from doing more — at least not if a new deal with Netflix to stream the first game ever played in Australia is a measure.
The NFL and Netflix have an agreement in place to televise the San Francisco 49ers versus the Los Angeles Rams on Sept. 10, according to The Athletic. A league source told OutKick the deal is not finalized, but that was the direction talks were headed.
The first game of the 2026 NFL season will be televised by NBC on Wednesday, Sept. 9 between the defending Super Bowl champion Seattle Seahawks and an opponent not yet announced. The NFL is expected to release its full schedule later this month.
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The Los Angeles Rams line up against the San Francisco 49ers during an NFL game at SoFi Stadium in Inglewood, Calif., on Oct. 2, 2025. (Cooper Neill/Getty Images)
The 49ers and Rams meeting in an NFC West battle of top contenders will be played the following evening, with kickoff at 8:35 p.m. ET from the Melbourne Cricket Ground, the largest stadium on the Australian continent.
RAMS, 49ERS TO MEET IN AUSTRALIA FOR HISTORIC NFL GAME AS LEAGUE REVEALS DATE AND TIME
This game is in addition to the pair of Christmas Day games Netflix will televise in December, which are part of a previous deal that had the streaming carrier also televising Christmas games in 2024 and 2025.
But that's not all for the NFL and streaming services.
There is a possibility Netflix or another streaming giant might land a Thanksgiving eve game, which the NFL wants to add as a commodity for the first time in 2026. Negotiations are ongoing on that.
And the NFL is strongly considering moving games to YouTube that were previously part of ESPN's so-called Monday Night doubleheaders allotment. The NFL got those second doubleheader games back as part of the deal in which ESPN acquired the NFL Network in exchange for the NFL's 10 percent equity in ESPN.
Josh Allen is shown on the field in a Buffalo Bills uniform. NFL fans need YouTube TV for "NFL Sunday Ticket" plus subscriptions to Amazon Prime, Peacock and Netflix to access every game. (Lauren Leigh Bacho/Getty Images)
All this league flirting and dealmaking with streaming services is under scrutiny by the Federal Communications Commission and the Department of Justice to determine if the league is violating its antitrust exemption.
NFL executives recently visited the FCC to meet with top advisors of Chairman Brendan Carr to discuss the NFL’s media distribution approach for its live games and how it benefits fans and local broadcasters.
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Carr has voiced concerns fans are being forced to juggle costly streaming subscriptions to follow football.
Netflix has partnered with CBS Sports to produce the NFL games it will stream on Christmas Day. (Lucy Nicholson/Reuters)
Fox News and OutKick have previously reported that the NFL would also vigorously defend its antitrust exemption amid a Justice Department probe.
Despite the scrutiny, the NFL is convinced providing 88 percent of its games "free" over the air is enough to convince the government agencies that its antitrust exemption should remain.
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