The US Justice Department is investigating whether ABC, CBS, CNN, Fox and NBC breached antitrust law by jointly suspending the television press pool after Donald Trump barred three news organisations from the White House.
The inquiry is examining whether the networks’ coordinated action amounted to an unlawful group boycott under the Sherman Act, a federal law intended to prevent monopolistic business practices and protect competition.
“Members of the television press pool have boycotted covering White House events,” Justice Department spokeswoman Emily Covington said. “Group boycotts among commercial competitors can violate the Sherman Act. The Antitrust Division is simply investigating to determine whether these news organisations have violated the antitrust laws.”
It was not immediately clear how the department believed the networks’ decision might breach the law.
Mr Trump announced last month that his administration was withdrawing White House credentials from CNN, MSNOW and Politico. He accused the organisations of “their constant ‘reporting’ FAKE NEWS!”
The White House separately told the three outlets that certain articles, including reports on a planned White House ballroom, the war with Iran and the Republican midterm convention, posed national security concerns and fell short of standards of “professionalism and decorum”.
In response, the five networks jointly suspended their television press pool coverage in solidarity with the affected organisations. The action coincided with Chinese President Xi Jinping’s state visit to Washington.
The rotating pool provides video coverage of the president’s travel and events to other news organisations. The networks said at the time that the public had a vital interest in receiving accurate, independent information about its government, adding: “No administration should reject a news organisation because it objects to its reporting.”
CNN, MSNOW and Politico then sued to have their access restored. US District Judge Timothy Kelly issued a temporary restraining order against the ban, and the organisations’ credentials were reinstated.
The White House has nevertheless continued to prevent CNN and Politico from entering the Oval Office or travelling aboard Air Force One.
The restraining order was due to expire on Thursday, but Judge Kelly extended it until next Tuesday while he considers the case.
CBS and CNN are both part of Skydance, the parent company created after the merger of Paramount and Warner Bros Discovery was finalised earlier this week.
