Judge Rules in Favor of FuboTV — Venu Sports Blocked From Planned Release

The antitrust lawsuit alleged that Venu Sports would consolidate control over sports television, and, eventually, lead to a monopolization of the market and force consumers to pay higher prices.

What’s Happening:

  • The Hollywood Reporter has shared that U.S. District Judge Margaret Garnet has blocked Disney, Fox, and Warner Bros. Discovery from launching Venu Sports this fall. She stated FuboTv is likely to win the case and believes the partnership will “substantially lessen competition and restrain trade.”
  • The streaming service, which is a joint venture between the three media giants, would offer a comprehensive sports streaming package for only a little over $40. It would include access to live and linear channels including ESPN, Fox, ABC, TNT, TBS, ESPN+ and more. Between all three networks, Venu would hold the rights to the NFL, NBA, MLB, NHL, college sports and pro tennis.  
  • FuboTV filed the antitrust lawsuit against the venture in February.
  • The court concluded that if Venu Sports is allowed to launch, Fubo’s subscribers would drop significantly and would lead to bankruptcy. Garnett wrote that Venu would be the “only option on the market for those television consumers who want to spend their money on multiple live sports channels they love to watch, but not on superfluous entertainment channels they do not.”  
  • In a statement by the media trio, they have stated intent to appeal the order. “We believe that Fubo’s arguments are wrong on the facts and the law, and that Fubo has failed to prove it is legally entitled to a preliminary injunction,” it added. “Venu Sports is a pro-competitive option that aims to enhance consumer choice by reaching a segment of viewers who currently are not served by existing subscription options.”
  • Fubo CEO David Gandler praised the ruling as a victory for consumers, accusing the joint venture as the latest example of calculated anti-competitive practices that would monopolize the market.
  • Venu Sports was designed to compete with YouTubeTV, which costs approximately $70 a month.
  • Fubo’s case revolved around Disney, Fox, and WB using their control of sports networks as a way to force rivals into carrying dozens of pricey channels in order to license critical sports channels. They allege these practices make it impossible to offer consumers competitive pricing. Venu Sports would completely undermine Fubo’s ability to reach a market.
  • When asking for the injunction, Gandler shared that the media giants would not provide the same bundle to Fubo as they will showcase on Venu.
  • If the temporary blocking isn’t granted an appeal, the case will eventually go to a jury until it’s settled.

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Maxon Faber
Based in Los Angeles, California, Maxon is roller coaster and musical theatre nerd. His favorite dinosaur is the parasaurolophus, specifically the one in Jurassic World: The Ride.