The National Football League’s deal with Walt Disney’s ESPN, involving Disney acquiring the NFL Network and other media assets in exchange for the NFL receiving a 10% equity stake in ESPN, is expected to face a thorough antitrust review by the U.S. Department of Justice (DOJ).
Legal experts warn the transaction could raise significant competition concerns by potentially giving Disney greater control over sports broadcasting, which might reduce competition and increase costs for consumers. Andre P. Barlow, a partner at Doyle, Barlow & Mazard, noted the deal might lead to higher prices for streaming services or game access due to Disney’s dominance in sports media.
The DOJ’s Antitrust Division is anticipated to take up to 12 months to review the deal amid ongoing scrutiny of Disney’s recent acquisition attempts, including a controlling stake in Fubo TV, a sports streaming service.
This regulatory attention coincides with concerns raised in the U.S. Senate about rising costs for sports fans as more games move to streaming platforms. Senate Commerce Committee Chair Ted Cruz highlighted the cultural importance of sports and questioned why it is becoming increasingly difficult and expensive to watch games.
The NFL has reportedly engaged with about 30 congressional offices to discuss the deal’s potential to increase consumer choice. Under the agreement, ESPN would incorporate the NFL Network into its sports programming and streaming service, and merge fantasy football offerings with the NFL’s. The NFL would retain streaming rights to NFL RedZone, while ESPN would distribute it to cable and satellite providers.
Disney’s previous large-scale acquisition of 21st Century Fox assets in 2018 received rapid approval, although it required divestment of regional sports networks. Experts expect the current NFL-ESPN deal to undergo more detailed scrutiny.
Political factors may further complicate the process, including former President Trump’s past interventions related to NFL team naming controversies and lawsuits affecting media mergers.
Currently, ESPN is 80% owned by ABC Inc., a Disney subsidiary, and 20% by Hearst. The deal would reduce ABC’s stake to 72% and Hearst’s to 18% to accommodate the NFL’s 10% ownership.