Following FuboTV’s recent move to settle its antitrust lawsuit with Disney, Fox, and Warner Bros. Discovery over the impending launch of their Venu Sports streaming service, DirectTV and EchoStar are urging the courts to consider how other TV distributors could still be shut out of the sports streaming space.
On Monday, Fubo announced that, as part of its plan to merge with Hulu + Live TV, it would also drop its lawsuit against Disney, Fox, and WBD alleging that their collaboration on Venu Sports violated US antitrust laws. The settlement outlines how Hulu + Live TV and Fubo can create a new multichannel video programming distributor that Disney would own 70 percent of. But the lawsuit’s dismissal also lifted the injunction to halt Venu’s launch which US District Judge Margaret M. Garnett passed down last August.
Because Venu Sports now has a much more realistic chance of coming to market, DirectTV and EchoStar are voicing concerns about how Fubo’s proposed Hulu deal may exacerbate, rather than properly address, the core issue of sports streaming anticompetitiveness. In a letter to Garnett, DirectTV argued that while Venu’s venture partners have paid Fubo “to ensure cooperation from an aggrieved competitor,” they have also restored “an anticompetitive runway for the JV Defendants to control the future of the live pay TV market.”
DirectTV is just one of several non-parties that expressed “grave concerns” about the impact Venu would have on competition for sports programming, given that Venu would “offer content in a manner that [the Defendants] do not allow DirectTV or other distributors to offer to consumers,” DirectTV’s lawyers said.
In its own letter to Garnett, EchoStar’s legal team insisted that the original injunction blocked Disney, Fox, and WBD’s “scheme to monopolize the pay-TV market and, once accomplished, charge inflated prices to millions of Americans.”
“The parties’ settlement appears designed to eliminate court jurisdiction over this multifarious harm by effectuating the preliminary injunction’s expiration, rather than addressing the underlying competition issues,” EchoStar said. “Now, with the injunction undone by voluntary dismissal, DISH, Sling, and other distributors will suffer antitrust injury.”
