By Dr Estelle Ivanova, Attorney at Law and member of the Paris Bar
According to recent press reports, the US Department of Justice has opened an investigation into the business practices of the National Football League (NFL), with particular attention to issues of consumer affordability and fair competition amongst media providers.
The investigation appears to be rooted in established antitrust concerns, notably the protection of consumer welfare and the preservation of competitive market conditions.
The broader regulatory context is further illustrated by the recent initiative of the Federal Communications Commission, which has invited public comment on the evolving distribution of live sports content.
Against this background, the Sports Broadcasting Act of 1961 established a narrowly framed exemption from antitrust law, allowing professional sports leagues to pool and sell their broadcasting rights collectively, on the assumption that such arrangements would enhance, rather than restrict, public access to televised sport. It may also be noted that the statutory exemption has traditionally been understood as limited to free-to-air broadcasting and does not necessarily extend to other forms of distribution, such as cable or streaming services.
That assumption, however, may warrant renewed consideration in a media environment that is increasingly shaped by the proliferation of subscription-based streaming services, especially for sports events.
These developments may raise questions as to whether the existing legal framework remains fully aligned with the evolving modes of sports content distribution.
It remains to be seen how such developments will ultimately be assessed under the applicable antitrust legal framework.
It may be recalled that violations of US antitrust law may result in severe penalties, including treble damages for private parties harmed by them!
Dr Estelle Ivanova may be contacted by e-mail at ‘