Fubo files antitrust motion to halt Disney, FOX, Warner Bros streaming plan
FEBRUARY 21, 2024 09.37 EUROPE/LONDON BY JULIAN CLOVER

Sports streaming company Fubo has filed an antitrust lawsuit against The Walt Disney Company, FOX Corp and Warner Bros. Discovery over plans to launch a joint streaming platform.

The motion filed in a New York Federal Court alleges Fubo is being forced to several dozen expensive, non-sports channels as a condition of licensing sports rights from the companies as part of a scheme to stifle competition.

“For decades, Defendants have leveraged their iron grip on sports content to extract billions of dollars in supra-competitive profits” by engaging in practices causing consumers to pay more for highly popular sports content and resulting in significant damages to both Fubo and its customers,” reads the Fubo complaint.

Earlier this month the consortium announced plans for a new streaming service that will bring together linear sports networks with the direct-to-consumer ESPN+ to offer fans access to sports including NFL, NBA, , MLB, NHL, NASCAR, College Sports, UFC, PGA TOUR Golf, Grand Slam Tennis and the FIFA World Cup.



The complaint alleges that the autumn launch of the joint venture “steals Fubo’s playbook” and is only the latest example of the campaign.

Other examples of anti-competitive behaviour listed in the complaint include the consortium
charging Fubo content licensing rates that are as much as 30%-50%+ higher than rates they charge other distributors.

Additionally, Fubo claims it has been restricted from offering other streaming products to consumers, despite similar products being offered by other traditional pay-TV and streaming services, including Disney’s own Hulu service.

“We have previously collaborated with each of these companies so that we could offer ‘must-have’ sports content to Fubo customers. For many years, they have challenged our business at every opportunity through pernicious practices. While other new competitors were prevented from entering the market, Fubo has continuously fought back. The Defendants’ unconscionable practices have impacted our ability to grow and have deprived consumers of a compelling and competitively-priced product.”

The partners are yet to respond.