NFL's Goodell No-Show Fuels Bipartisan Push to Strip Antitrust Exemption
At a June 10, 2026 House Judiciary Committee hearing, Chairman Jim Jordan (R-OH) and Ranking Member Jerry Nadler (D-NY) both criticized the NFL after Commissioner Roger Goodell declined to testify, citing ongoing litigation over the Sunday Ticket settlement. A bipartisan interim staff report argues the league has stretched its 65-year-old Sports Broadcasting Act exemption by shifting games to streaming and pay-TV, harming consumers and misleading Congress.
The House Judiciary Committee hearing on June 10, 2026, was already a serious threat to the NFL's 65-year-old antitrust exemption under the Sports Broadcasting Act. But the NFL's decision to have Commissioner Goodell decline the invitation—citing ongoing litigation with a former Sunday Ticket subscriber group—transformed the hearing into a bipartisan rebuke. Chairman Jim Jordan (R-OH) and Ranking Member Jerry Nadler (D-NY) both noted the league's refusal to send its top executive undermined its credibility and signaled that the exemption, which allows teams to sell broadcast rights collectively, is being abused.
The committee's interim staff report, released ahead of the hearing, details how the NFL has shifted marquee games onto streaming platforms and pay-TV services—effectively forcing fans to pay more for access that was once free over the air. The report argues this 'harms consumers and misled Congress' by stretching the exemption's narrow original purpose. Bipartisan agreement emerged that the NFL may be violating the act, putting the league on the defensive.
The concrete harm here is not just higher cable bills; it's the erosion of a public-interest bargain. In exchange for its antitrust exemption, the NFL was expected to keep games broadly accessible. Instead, the league has become a driver of the cord-cutting crisis, pushing consumers toward pricey streaming bundles. The policy lever Daylight should track is the potential for a legislative amendment to the Sports Broadcasting Act that caps the share of games that can be placed on non-broadcast platforms or requires a certain number of games to remain free-to-air. This is a rare moment where progressive consumer protection and conservative free-market skepticism align—Daylight should track it as a live policy threat to one of the most protected monopolies in American entertainment.
The humanitarian alternative
Rather than maintaining a blanket antitrust exemption that has enabled the NFL to privatize profits while socializing costs onto fans, Congress should amend the Sports Broadcasting Act to condition the exemption on measurable public-access requirements. A simple rule: for each team, at least half of regular-season games available in that team's home market must be available on free, over-the-air broadcast television (i.e., not behind a streaming paywall or cable subscription). This preserves the league's ability to negotiate collective deals while restoring the original intent of the exemption—ensuring the games that fund the NFL's tax-exempt status remain a public good, not a luxury product.
At the same time, the Federal Communications Commission (FCC) should review whether the NFL's streaming deals with platforms like Amazon and Apple violate the spirit of the retransmission consent rules, which were meant to prevent broadcaster blackouts, not to replace free broadcasts entirely. If the NFL continues to move games exclusively to streaming, Congress should sunset the entire exemption and force the league to compete under standard antitrust law, which would likely break up the collective negotiation structure and could lower costs per game for fans.
Falsifiable predictions
What this entry claims will happen, and what data would prove it wrong. The Reckoner revisits these against current reality.
- A bill to amend the Sports Broadcasting Act to cap the number of games each NFL team can put on streaming-only platforms will be introduced within 120 days of the June 10 hearing.
- The House Judiciary Committee will hold a markup on a bill to revoke or condition the NFL's antitrust exemption before the end of 2026.
Grounded in
- Scathing House Judiciary Committee report accuses NFL of stretching law ...
- The Sports Broadcasting Act: A Special-Interest Antitrust Exemption ...
- House Lawmakers Target NFL's Antitrust Exemption - Deadline
- Congress takes aim at NFL's antitrust exemption over soaring costs of ...
- House Committee Report: NFL Has 'Harmed Consumers and Misled Congress ...
- Roger Goodell declines to testify before Congress about NFL's broadcast ...
- Roger Goodell won't testify about NFL's broadcasting deals - ESPN
- NFL Defends TV Deals As Goodell Declines Congress Invite
- NFL got routed on Capitol Hill after Roger Goodell declined to testify ...
- NFL's Roger Goodell Declines to Testify on Media Rights Deals
Original source — excerpted
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