Republican AGs Argue Court Fumbled Decision Blocking Launch of Live Sports Content Platform

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  • A group of six Republican AGs filed an amicus brief with the U.S. Court of Appeals for the Second Circuit in litigation between Walt Disney Co. and FuboTV that argued that the Second Circuit should reverse the lower court’s decision granting a preliminary injunction blocking the launch of live sports content platform Venu.
  • FuboTV Inc. and FuboTV Media Inc. (collectively, “FuboTV”) have sued to stop a planned joint venture of Walt Disney Company, Fox Corporation, and Warner Brothers Discovery, Inc. (collectively, the “Joint Venture”) to offer Venu, a sports-focused streaming service, arguing that the terms violate antitrust laws.  The federal district court agreed with FuboTV’s arguments and granted their request for a preliminary injunction, temporarily blocking the Joint Venture from launching Venu or enforcing certain contractual provisions.
  • In the amicus brief, the AGs argue that antitrust actions brought against competitors should be viewed with skepticism as presenting a special risk of anticompetitive outcomes; that the Joint Venture will provide value to consumers by offering an innovative product; and that the lower court erred when it focused on the effect of the Joint Venture on firms like FuboTV rather than the effect on consumers.
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