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Antitrust Case: Court Blocks Disney, Fox, Warner Joint Venture


In a recent development in the world of sports streaming services, a federal judge has temporarily blocked a joint venture between media giants Disney, Fox, and Warner Bros. Discovery from pooling their sports licensing rights to create a new streaming platform called Venu. This decision came after a challenge from rival sports streamer Fubo, who argued that the partnership would significantly reduce competition and restrain trade in the market.

The ruling by U.S. District Judge Margaret Garnett found that if Venu were to launch as planned later this year, there would likely be a mass exodus of Fubo’s subscribers, potentially leading to the company’s bankruptcy. The judge stated that Venu would become the only option for consumers who want to access multiple live sports channels without having to pay for unwanted entertainment channels.

Disney, Fox, and Warner Bros. have expressed their intention to appeal the court’s decision, arguing that Venu Sports is a pro-competitive option that aims to enhance consumer choice by catering to viewers who are not currently served by existing subscription options. However, Fubo’s CEO, David Gandler, hailed the ruling as a victory for consumers, accusing the media giants of engaging in anticompetitive practices that monopolize the market and limit consumer choice.

The Venu streaming bundle is set to launch in the fall at a price of $42.99 per month, offering a bundle with Max, ESPN+, and Hulu. Subscribers will have access to a range of live, linear channels, including ESPN, Fox, ABC, TNT, and TBS, with rights to major sports leagues like the NFL, NBA, MLB, and NHL. The platform aims to compete with services like YouTubeTV and Fubo, which also offer sports content but at different price points.

Fubo’s lawsuit against Disney, Fox, and Warner Bros. centered around the argument that the media giants use their control of must-have sports content to force rivals into carrying unpopular channels as a condition of licensing critical sports channels. Fubo claimed that Venu’s exclusive rights to offer a sports-only package would corner the market and stifle competition by preventing other distributors from offering a similar product.

The court’s decision highlighted the near-monopolistic control that the media giants have over the ability of rival streaming services to compete in the live sports market. The companies behind Venu were found to have granted themselves exclusive rights to offer unbundled sports programming, effectively blocking other distributors from providing a sports-focused streaming service.

Overall, the battle between Fubo and the media giants over the launch of Venu highlights the complex dynamics of the sports streaming industry and the challenges of balancing competition and consumer choice. The outcome of this legal dispute will have significant implications for the future of sports streaming services and the options available to viewers.

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