The U.S. Department of Justice said Saturday it is investigating whether five major television networks violated federal antitrust laws by boycotting coverage of White House events. The networks under investigation are ABC, CBS, CNN, NBC, and Fox News.
"Group boycotts among commercial competitors can violate the Sherman Act," a Justice Department spokesperson said in a statement. "The Antitrust Division is simply investigating to determine whether these news organizations have violated the antitrust laws." The DOJ spokeswoman, Emily Covington, told reporters that the department reached out to the networks on Friday requesting internal communications and documents related to their decision to suspend the press pool.
The investigation stems from events that unfolded in mid-September. On September 19, the White House blocked reporters from CNN, Politico, and MS NOW from entering the building, revoking their press credentials. The White House said covering the president was a "privilege—not a right." In response, all five networks that comprise the primary White House television pool—including Fox News—suspended their coverage in solidarity and refused to provide replacement coverage. The networks share the costs of covering the president, take turns organizing coverage, and distribute footage to outlets across the country.
The three outlets whose credentials were revoked filed a lawsuit against the Trump administration, alleging the exclusions violated the First Amendment and that the White House was retaliating over their coverage. On September 24, U.S. District Judge Timothy Kelly ruled that the ban was likely unconstitutional and ordered the administration to "immediately return, reinstate, and restore" the journalists' access. The White House complied with the court order, but disputes over access to specific presidential events and pool assignments have continued since then.
The Sherman Act prohibits certain agreements between businesses that unlawfully restrain competition. Legal experts note that while the five television networks compete with one another, they have for decades cooperated through the White House pool arrangement to ensure presidential events are covered and footage is made available to the wider press and public. The Justice Department investigation now seeks to determine whether the coordinated suspension of that cooperation in protest of the credential revocations constitutes an illegal restraint on competition.
The investigation represents a sharp escalation in the ongoing tensions between the Trump administration and major news organizations. President Donald Trump has repeatedly called the mainstream media "fake news" and frequently clashes with reporters during press encounters. The action puts legal and potentially financial pressure on news organizations to continue coverage of the president even when they disagree with how the White House handles press access. The networks did not immediately respond to requests for comment.
The New York Times was first to report the DOJ investigation. Separately, the White House has launched its own YouTube channel, Trump TV, to provide live coverage of presidential events directly to viewers, potentially reducing reliance on traditional news networks for distribution.
