The Justice Department antitrust investigation is examining whether five major U.S. television networks coordinated in ways that violate competition laws during a court fight over access to the White House following clashes with President Trump.
The networks at issue are ABC, CBS, CNN, NBC and Fox News. All declined to comment, while press freedom groups condemned the inquiry as retaliatory and chilling to the free press. Bruce Brown of the Reporters Committee for Freedom of the Press called invoking antitrust powers alongside prior access restrictions “another and even more brazen attempt to try to intimidate journalists.”
Last month, the White House barred CNN, MSNOW and Politico after the president criticized what he described as unfair coverage, and more than 70 journalists had their press passes revoked. The three outlets sued in federal court to restore access. In filings, the Justice Department has cited national security as a basis for the restrictions. A federal judge issued a temporary order requiring passes be reinstated and said a longer-term ruling would come by Tuesday evening.
Amid the dispute, the White House also blocked CNN from taking its scheduled turns in the television press pool, which includes the other networks now under review. The five agreed not to replace CNN on days it was barred, handling pool staffing decisions on a day-to-day basis. Because pool members share costs and logistics for tight-space coverage, such as aboard Air Force One, the boycott meant networks did not cover a Trump event with Chinese President Xi Jinping.
According to the Justice Department, investigators are assessing whether that coordination amounts to anti-competitive conduct. In a Saturday statement, officials said, “Members of the television press pool have proudly boycotted covering White House events. Group boycotts among commercial competitors can violate the Sherman Act. The Antitrust Division is investigating to determine whether these news organizations have violated the antitrust laws.” Four people familiar with the inquiry confirmed its contours on condition of anonymity. The development was first reported by the New York Times.
Michael Dorf, a constitutional law professor at Cornell Law School, said any political motive behind the investigation would not necessarily insulate the networks from legal exposure, but he argued their actions appeared reasonable. He noted what he called an oddity, questioning why a press pool enabled by space constraints would be lawful while coordinated refusals to participate to defend press access would not be.
Justice Department antitrust investigation and press freedom clash
Part of an ongoing conflict
The probe underscores escalating friction between the president and major media companies. ABC and parent company Disney are suing the administration’s top broadcast regulator over an immediate review of eight local station licenses, a move Disney argues is retaliation for content on The View and Jimmy Kimmel Live. A judge is considering whether to step in. The president has repeatedly urged that ABC and NBC lose their broadcast licenses.
FCC Chair Brendan Carr has said his actions are about upholding “the public interest.” Under his leadership, the FCC has opened investigations into other major broadcast networks, including NPR, though not the Fox broadcast network owned by Rupert Murdoch, a political ally of the president.
Separately, the president has personally sued several major news organizations, including the New York Times, BBC News and the Wall Street Journal. ABC and CBS previously settled lawsuits he brought against them.
Seth Stern of the Freedom of the Press Foundation criticized the antitrust probe, saying, “Trump may view the presidency as a business venture, but news outlets’ standing up for their constitutional rights has nothing to do with antitrust law.”
This latest dispute adds to broader political tensions surrounding the administration, including controversies over trade and international policy such as those described in How Trump economic policy mirrors East Asia’s playbook.
