Timeline Has Been Set for Fubo Lawsuit Against Disney, Fox, and Warner Bros. Discovery
Fubo is attempting to prevent the three companies from launching what it calls an anti-competitive sports streaming platform.
With just a handful of months remaining until Disney, Fox, and Warner Bros. Discovery’s joint streaming service is scheduled to launch, Fubo has finally gotten an official timetable for how and when its lawsuit against the three companies will play out. In late February, Fubo first filed suit against these outlets in order to try and prevent them from creating a new joint venture sports streaming platform that could be a formidable competitor for Fubo and other sports-centric streamers. Now, the judge presiding over Fubo’s case has set a date of Aug. 7 to hear arguments regarding a preliminary injunction that could prevent the JV from launching as scheduled.
- Fubo alleges that the JV streamer will be anti-competitive and could violate anti-trust laws.
- Disney, Fox, and WBD have all filed motions to dismiss the suit.
- Parties have until Monday, April 22 to serve requests for documents in the case.
Fubo’s lawsuit will play out in the U.S. District Court for the Southern District in New York and the hearing will presumably take place just days or weeks ahead of when the new platform is aiming to launch; the judge in the case has also set aside Aug. 8 and Aug. 9 to hear additional arguments during the injunction hearing, if necessary. Disney, Fox, and WBD have all filed motions to dismiss the case, but so far none of those motions has been accepted.
Fubo CEO David Gandler has called the three companies at work on the JV streamer a “sports cartel,” accusing them of trying to drive Fubo out of business and provide the final push that will knock over pay-TV’s house of cards once and for all. Gandler has also implied that the three companies have forced unwanted channels on Fubo through carriage agreements and that the streamer is being overcharged 30% to 50% for some networks.
Disney CEO Bob Iger has spoken publicly regarding his belief that the three companies will defeat Fubo in court, and in WBD’s motion to dismiss, the company makes the argument that the JV will aid competition, not thwart it.
“Fubo cannot challenge the planned formation of the JV itself, because it is a new, consumer friendly offering that necessarily increases competition,” WBD wrote. “Indeed, the JV will embody the essence of what the antitrust laws encourage: a new competitor that will increase competition, create efficiency, and benefit consumers. Since it will not combine any competing businesses, it cannot itself diminish competition.”
What is the Timeline of Fubo’s Lawsuit?
Although the preliminary injunction hearing date has been set for Aug. 7, there will be a number of important dates for the involved parties between now and then.
- April 22: Deadline for serving requests for specific documents in the case.
- May 10: Final day for giving responses and objections to those requests.
- June 7: Date of “substantial completion” of handing over documents.
- June 10: Due date for preliminary witness lists.
- June 28: Closure of the fact discovery period.
- July 10: Parties must provide expert rebuttal reports.
- July 25: Expert discovery period closes. Defendants must respond to request for preliminary injunction.
- July 29: Deadline for filing and exchange of final fact witness lists.
- Aug. 1: Fubo must reply in support of its injunction.
U.S. District Judge Margaret Garnett also acknowledged that Disney, Fox, and WBD had a target launch date of early fall in mind for the streamer, and that as a result, the court would not allow for any heel-dragging. DIRECTV and DISH have filed statements of support for Fubo’s case, but neither company has joined the suit.
Monday’s court-ordered deadline is not the only legal date that Disney, Fox, and WBD on their collective April calendar. The three companies have until April 30 to answer a set of questions posed by a pair of congressmen, who have raised concerns, similar to those voiced by Fubo, about the effect of the JV on competition in the industry. There’s also a pending review of the platform by the Department of Justice, which will take a close look at its potential to violate antitrust laws.
There’s a wide range of challenges facing the JV, but the three companies involved in its creation all have formidable legal teams. Those attorneys will be earning their retainers in the coming months, as the newly revealed timeline of Fubo’s lawsuit against Disney, Fox, and WBD’s joint venture sports streamer makes plain.
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.”