As Fubo’s Rhetoric Against WBD Heats Up, New Carriage Dispute Is Latest Schism in Tumultuous Relationship
The live TV streamer is desperate to stop a joint venture streamer from WBD, Disney and Fox, and its statement regarding the carriage dispute reflects it.
If things weren’t already contentious between Fubo and Warner Bros. Discovery, that long-simmering feud is preparing to be ramped up even higher than ever before. On Tuesday night, WBD pulled 19 of its cable channels from Fubo’s platform after the two sides failed to reach a new carriage deal. However, this is no ordinary carriage dispute, as a fire-breathing press release from Fubo makes clear. The discontent between the two sides has been at the forefront of their relationship since 2020 when another carriage deal left the sports-focused live TV streaming service without two of cable’s biggest sports channels and continues today with Fubo’s objection to a joint venture sports streaming platform that WBD, Disney, and Fox are preparing to launch.
Key Details:
- Fubo has filed suit against WBD, Disney, and Fox to try and keep their JV product from reaching customers.
- TNT, TBS, and truTV have been absent from Fubo airwaves since 2020 and played a part in this week’s dispute.
- Fubo CEO David Gandler has accused Fox, Disney, and WBD of overcharging it for channels as it attempts to fight the JV in the court of public opinion.
This week’s carriage dispute is just the latest in the longstanding stalemate between Fubo and WBD. The streamer hasn't carried TNT or TBS since 2020. At the time, Fubo CEO David Gandler said it was essentially a choice between keeping the Turner Networks or picking up ESPN, and that he thought it was best for customers to go with the latter option. Those details are somewhat ironic now, considering Disney and WBD have decided to join ESPN and TNT on a platform of their own that could cut out Fubo’s middle-man altogether.
Hearing Fubo essentially declare ESPN the more desirable channel in 2020 was not likely to win them any friends at what was then WarnerMedia. In their recent round of carriage negotiations, Fubo says that it tried to re-obtain the rights to TNT and TBS, but it was thwarted WBD “continuing to offer us above-market rates for its content.”
How Will Dispute Impact Fubo’s Fight Against ‘Spulu’?
Industry wags have dubbed the presumably forthcoming sports JV “Spulu,” due to its sports focus and similarities to Hulu’s initial split-ownership structure. Since the creation of the platform was first announced in early February, Fubo has maintained a stance of belligerent opposition to the sports streamer, going as far as to file a lawsuit alleging that the streamer is in violation of antitrust laws.
The latest channel blackout has led to a continued escalation in the combative language from Fubo. While it is normal to see channel providers and distributors frame themselves as the victims in these disputes, the rhetoric from Fubo has been heating up for months.
“Warner Bros. Discovery’s refusal to offer Fubo standard market terms and packaging flexibility are more examples of the unfair and anti-competitive practices it and other vertically integrated media companies have imposed on Fubo for many years,” Fubo said in a statement Tuesday night. “These practices, outlined in our recent antitrust lawsuit filed against the joint venture companies, aim to monopolize the market, stifle any form of competition, create higher pricing for subscribers and cheat consumers from deserved choice.”
This latest salvo is not far off from other statements made by Gandler, who has called the JV a “cartel” and accused Disney, WBD, and Fox of trying to overcharge his company by 30% to 50% for their cable channels. Gandler has also characterized his company’s fight against the streamer as a “duel to the death,” giving observers no room to doubt his sincerity in believing that the JV and its sports-focused skinny bundle of 14 networks is an existential threat to Fubo.
It’s unclear what, if any, effect the dispute will have on Fubo’s suit against Disney, Fox, and WBD. The case now has a firm timeline established, but both sides will likely have to present evidence that each tried to negotiate with the other in good faith in order to paint the opposition as stubborn and unfair as part of a larger effort to advance their points.
There’s been animosity simmering beneath the surface between WBD and Fubo for years, but it’s gone far past the boiling point. The joint venture streaming platform WBD is at work on with Disney and Fox has likely soured relations between the two beyond the point of repair, and it may be that the 19 WBD-owned channels dropped by Fubo in this week’s carriage dispute never return to the service.
Fubo
Fubo is a live TV streaming service with about 90 top channels that start at $79.99 per month. This plan includes local channels, 19 of the top 35 cable channels, and regional sports networks (RSNs). In total, you should expect to pay about $94.99 per month, after adding in their RSN Fee. Fubo was previously known as “fuboTV.”