Political Battle Lines Being Drawn in Fubo’s Antitrust Suit Against Venu Sports
Lawmakers on both sides of the aisle are weighing in on the Venu Sports lawsuit, which could wind up before the Supreme Court.
Things have been a little quiet on the Venu Sports front of late. The service is still being blocked from launching by a preliminary injunction thanks to an antitrust lawsuit brought by Fubo and issued by U.S. District Court Judge Margaret Garnett. Now lawmakers are beginning to take an interest in the case. Reporting from Puck News indicates that the Department of Justice, as well as several Republican congressmen, are taking sides in the case, which could wind up before the Supreme Court before all is said and done.
Key Details:
- The Department of Justice is preparing an amicus brief to support the injunction decision.
- Republican congressmen have already filed a brief backing Disney, Fox and Warner Bros. Discovery.
- Venu still hopes to launch sometime before the 2025 NCAA Men’s Basketball Tournament.
Puck’s reporting indicates that members of the U.S. Department of Justice’s Antitrust Division are getting ready to file an amicus brief in support of Judge Garnett’s decision to block Venu’s launch via an injunction. Garnett ruled that the service posed a direct threat to the ability of services like Fubo to compete in the marketplace.
Disney, Fox, and Warner Bros. Discovery — the three companies behind the Venu joint venture — disagreed with that assessment in their appeal, saying that the injunction protects Fubo but not consumers. A trial has been set for October 2025, when a jury will hear arguments as to whether or not Venu violates antitrust laws as Fubo alleges.
On the other side, Republican lawmakers are now showing their support for the joint venture. Congressmen Jim Jordan (R-OH) and Darrell Issa (R-CA), along with Senator Lindsey Graham (R-SC) have filed a brief supporting the triad of entertainment giants. Venu’s backers may be hoping the case ends up before the Supreme Court, which has a conservative majority that they might feel would help them win out in the long run.
Democratic lawmakers have already voiced their skepticism about Venu. In August, a group of Democratic senators and representatives expressed their concern, and urged the DOJ to take a close look at Venu for possible antitrust violations.
Disney, Fox, and WBD have asked the 2nd Circuit for a quick appeals process, and reportedly have held out hope that they can launch the service in time for the NFL playoffs in January. Puck reports the companies are still likely on that schedule, or, failing that, would prefer to roll out Venu before the 2025 NCAA Men’s Basketball Tournament in March.
That ability hinges on the 2nd Circuit’s appeal decision. If it lifts Judge Garnett’s injunction, Disney, Fox, and WBD can begin to sell Venu to customers. If it doesn’t, the three companies will have to await the outcome of next October’s trial to find out if Venu will ever see the light of day. Of course, the 2024 U.S. presidential election could also have a say, especially if a new administration decides not to throw the support of the DOJ behind Fubo as the current one is doing.
Venu Sports
Venu Sports is the planned live TV streaming service offering sports from ESPN, ESPN2, ESPNU, SECN, ACCN, ESPNEWS, ABC, FOX, FS1, FS2, BTN, TNT, TBS, and truTV. Programming from ESPN+ and on-demand content will also be available. Users will be able to watch NFL, NBA, MLB, and NCAA games. Subscribers can bundle the product with Disney+, Hulu, or Max. Venu’s launch is on hold thanks to a preliminary injunction.