Jan 6 (Reuters) - Three major media companies will ask
the U.S. Court of Appeals on Monday to reverse a ruling that
blocked the launch of their Venu Sports streaming service,
arguing that a district court judge was wrong to halt its
planned debut on antitrust grounds.
Walt Disney ( DIS ), Fox and Warner Bros Discovery ( WBD )
argue that the lower court's decision denies consumers
access to a new, lower-cost service designed to appeal to
price-conscious sports fans who have dropped out of the
traditional TV ecosystem or never subscribed in the first place.
Rival sports streaming service FuboTV sued the big
media companies last February, saying Venu Sports would violate
U.S. antitrust law by reducing competition and driving up
prices. A district court judge found that Fubo is likely to
succeed in its antitrust claims, and issued the injunction
temporarily barring Venu's launch.
"The district court's injunction forecloses competitive
entry, decreases consumer choice and denies consumers lower
prices-all with the effect of shielding Fubo from competition,"
the media companies argued in a Dec. 9 court filing. "The
decision should be reversed."
At issue is a practice known as bundling, in which the media
companies require distributors like Fubo to carry a package of
programming, including less desirable channels, to gain access
to valuable live sports.
Fubo said "forced bundling" prevented it from offering a
sports-centric service -- an exception the media companies made
for their own joint-venture, Venu Sports.
The Justice Department, New York, Illinois, California and
other states urged the 2nd U.S. Circuit Court of Appeals to
uphold the preliminary injunction.
In its supporting brief, the Justice Department cited the
district court's findings that restrictions on competition among
the joint-venture partners would effectively prevent other
sports-only services from emerging. That would grant the media
companies -- who collectively control about 54% of U.S. sports
rights -- dominance in distributing sports-focused TV packages
to consumers, the Justice Department wrote.
"The district court found that (the media companies) were
less likely, after forming Venu, to unbundle that content for
other distributors like Fubo wishing to create their own
sports-centric offerings," the Justice Department wrote. "This
foreclosure would harm competition in the live pay TV market."