The Justice Department has launched a formal anti-trust investigation into five major U.S. television networks for their actions during a court battle over whether several news outlets should have access to the White House despite angering President Trump. While the five networks — ABC, CBS, CNN, NBC and Fox News — did not comment, press rights advocacy groups denounced the move. "[S]ummoning antitrust authority, on top of the retaliatory actions the White House has already taken to bar certain outlets, is another and even more brazen attempt to try to intimidate journalists," said Bruce Brown, the president of the Reporters Committee for Freedom of the Press.
Last month, Trump had aides bar CNN, MSNOW and Politico from the White House after blasting them for what he characterized as unfairly negative coverage. The administration stripped White House press passes from more than 70 journalists. The three news organizations sued in federal court to have their access restored.
In court, the Justice Department is citing national security grounds for the decision. The federal judge overseeing the case issued a temporary stay requiring their passes to be restored and says he will make a more enduring decision by Tuesday evening. However, the White House also blocked CNN from fulfilling its planned shifts as part of the White House television press pool, which includes the other television networks now under investigation.
While the news outlets' decision-making is day-to-day, The five have agreed not to substitute for CNN on the days that the administration blocks the network, though they are handling decisions day-to-day. As part of a longstanding practice, the members of the pool share the logistical burden and the costs of covering Trump's actions in public appearances that take place in smaller places, such as Air Force One. As a result of the ban on CNN, the networks did not cover an event Trump had with Chinese President Xi Jinping.
The Justice Department says it is reviewing whether the coordination of that decision constitutes anti-trust behavior, which is to say, anti-competitive. "Members of the television press pool have proudly boycotted covering White House events. Group boycotts among commercial competitors can violate the Sherman Act," the Justice Department said in a statement Saturday.
"The Antitrust Division is investigating to determine whether these news organizations have violated the antitrust laws." Four people with direct knowledge of events affirmed the outlines of the investigation. They spoke on condition of anonymity because they were not authorized to speak publicly on the matter. The development was first reported by the New York Times.
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