Justice Department opens antitrust probe of five TV networks over White House pool boycott

The Justice Department has opened an antitrust inquiry into the five television networks that share White House pool duties, a sharp escalation in President Trump's fight with the press. Officials are examining whether ABC, CBS, CNN, Fox News and NBC broke federal competition law when they jointly stopped pool coverage of the president last month.

What the department says

A department spokeswoman, Emily Covington, said Saturday that the pool networks had boycotted White House events and that a boycott organized among business rivals can run afoul of the Sherman Act. She described the Antitrust Division as simply trying to find out whether the companies crossed that line. A department official said formal demands for information known as civil investigative demands went out on Friday.

No case has been filed. ABC said it had not been notified but expected to be. NBC, CBS and CNN declined to comment, while Fox and the White House did not immediately respond.

How the dispute started

The television pool is a rotating arrangement in which one network records the president's public appearances and travel, then shares the footage and audio with the others. Subscribers such as C-SPAN, Newsmax, One America News Network and foreign broadcasters also rely on it. Administrations of both parties have accepted the system for decades.

In September Trump banned CNN, MS NOW and Politico from White House grounds, accusing them of spreading fake news. When CNN lost its place in the rotation, the other pool networks briefly refused to carry out pool duties. In a joint statement they said the public has a strong interest in independent reporting about its government and that no administration should punish an outlet over its coverage. Individual networks kept covering events that were open to the press.

The three banned outlets sued, arguing the ban violated the First Amendment. A judge ordered the White House to restore their access for 14 days. About a week after the ban they were back and the pool resumed work. A federal judge this week extended that order through Tuesday.

Pushback from press advocates

Bruce D. Brown, who leads the Reporters Committee for Freedom of the Press, said the First Amendment shields the choices newsrooms make about what to cover. He called the probe an even bolder attempt to intimidate journalists. Legal observers have also questioned whether the department has solid ground, since the networks have coordinated pool work for years without a legal challenge.