ESPN-NFL Deal Raises Antitrust Concerns

The National Football League and Disney have recently agreed to a deal that, if confirmed, would fundamentally alter football viewing. However, the landmark agreement is expected to raise more than a few eyebrows in government, and it’s unclear if a partnership between these two entertainment giants will be permitted¹ (Reuters).

The agreement, announced August 7, lays out how ESPN, one of Disney’s most prized assets, will acquire several NFL media companies (which include NFL Redzone and NFL Network), which will allow ESPN greater possession of a commodity more valuable than gold in the modern United States: live football. And the NFL, in return for offering up a greater number of live games to ESPN, will receive a 10% stake in Disney’s golden child².

With a deal of this size, federal scrutiny is to be expected, and this case has been no exception. Disney is already a relatively dominant power in the sports entertainment industry, further consolidating its power earlier this year when it reached a megadeal with Fubo TV, a sports streaming service³. Given this strong influence in the industry, a deal that furthers Disney’s control over live sports is expected to face intense investigation.

The consolidation of the sports streaming market is a concern that is already at the forefront of issues being considered by the Senate. In May, the Senate’s Commerce Committee held a hearing on the migration of live sports to streaming services, which has facilitated the rise of viewing prices for these events. Texas Senator Ted Cruz, who heads the committee, noted that “millions of fans are asking a simple question: ‘Why does it seem to be getting harder — and more expensive — to just watch the game?’”⁴.

The concern is that this megadeal could put Disney one step closer to a monopoly on sports streaming, which could have severe adverse effects for consumers. As such, it’s expected that the Department of Justice will review the deal in detail in an effort to determine if it is worthy of antitrust clearance⁵.

The ESPN-NFL merger is not yet official, and it has a long road of governmental review to travel down before it is⁶. But if the agreement can slip through Congress, it could substantially alter how we consume one of America’s national pastimes.

1. Jody Godoy, ESPN-NFL Deal Faces Regulatory Hurdles, Reuters (August 7, 2025) ↩︎
2. Dan Shanoff, ESPN, NFL Formally Announce Deal: NFL Media Assets to Network, 10% Equity to League, The Athletic (August 6, 2025) ↩︎
3. Godoy, supra note 1. ↩︎
4. Id. ↩︎
5. Id. ↩︎
6. Id. ↩︎

Henry Bartholomew is a guest author who periodically contributes to the UB Law Sports & Entertainment Forum.  The views and opinions expressed in this article are those of the guest author and do not necessarily reflect the official policy or position of the University at Buffalo School of Law or the UB Center for the Advancement of Sport.