Disney, Fox, Warner Bros. Oppose Fubo’s Attempt to Enjoin Sports Streaming Joint Venture

On July 25, 2024, Disney, Fox, and Warner Bros. opposed Fubo’s motion for a preliminary injunction seeking to prevent the media giants from going in together on a joint venture that would create a sports-focused streaming platform.  The defendants argued in their opposition that Fubo is asking to be shielded from competition by blocking a new competitor from entering the market.  Competition would be hindered, not improved, they argued.  “That might benefit Fubo, but it would harm consumers.”

In its motion for preliminary injunction, Fubo, a prominent player in the streaming industry, argued that the defendants’ consolidation of sports streaming content will drive competitors like Fubo from the streaming marketplace and consumers will be forced to pay higher prices.  “These programming giants are now joining together—in a Joint Venture (“JV”) set to launch this fall—to offer the service they have long used their market power to prevent every other television distributor in the market, including Fubo, from offering:  a streaming platform with a streamlined live sports television package targeted to sports fans.”  Fubo says in its motion that it has tried for years to offer a sports-only streaming service but has been prevented from doing so because the defendants have imposed “bundling” requirements on Fubo which it says forces it to pay for unwanted content.  The JV service will feature just 15 channels, all featuring popular live sports—the kind of skinny sports bundle that Fubo has tried to offer for nearly a decade.

The hearing on Fubo’s preliminary injunction motion has been set for Aug. 6 by the U.S. District Court for the Southern District of New York.