DISH countersues Disney, widening legal drama over Sling Passes
DISH countersues Disney, widening legal drama over Sling Passes
In its suit, DISH says Disney is guilty of breaching its contract with the distributor, and of antitrust violations.
DISH chairman Charlie Ergen takes pride in his reputation as a disruptor in the pay-TV marketplace, and there may be a part of him that is enjoying his current legal battle with Disney and Warner Bros. Discovery. In 2025, DISH’s live TV streaming platform Sling TV launched a new product called Passes, which allows viewers to sign up to watch Sling’s Orange package for as little as $5 per day. The sale of Passes attracted lawsuits from both Disney and WBD, but DISH isn’t taking those assaults lying down and has countersued Disney with serious allegations that will draw out the battle even further.
Key Details:
- Talk to our lawyers: DISH has countersued Disney for violating antitrust laws and breach of contract.
- Same old story: The suit alleges that Disney is violating the law by forcing distributors to purchase other channels with ESPN.
- Not going well: Disney has already suffered one defeat in the case after being denied an injunction against Passes.
DISH isn’t holding back in its countersuit against Disney, saying the House of Mouse is guilty of both antitrust violations and breaches of contract. The satellite company says that it had no obligation to consult with Disney before starting the sale of Passes, which give customers access to Disney-owned channels like ESPN for shorter windows.
The counterclaim says that Disney is trying to use its power in the marketplace to “destroy competition,” and that the company is violating the Sherman Act by forcing distributors to buy lower-value channels in order to get more popular networks like ESPN. DISH also cites Disney’s acquisition of Fubo with the intention of merging it with Hulu + Live TV as an attempt to eliminate competitors.
In addition, DISH says that Disney is the one breaching its contract by refusing to offer favorable terms that it has given to other distributors in the industry. Despite a so-called “most favored nation” clause that legally requires Disney to give DISH these terms,
Disney sued DISH in August over Passes, in part because it says it was not told about the product before it hit the market. The entertainment giant was quickly joined by Warner Bros. Discovery, which similarly did not approve of the inclusion of its channels in Passes without its consent.
The case suffered a major setback from Disney’s point of view in November, when a judge declined to issue an injunction halting the sale of Passes. The judge in the case ruled that Disney had not demonstrated the likelihood of succeeding in the case, nor had it shown that it would suffer irreparable harm if an injunction were denied.
DISH is seeking monetary damages, a judgment against Disney and ESPN for violating U.S. antitrust laws, and an injunction to force the “unwinding” of both the Disney acquisition of Fubo and the launch of the ESPN and Fox One bundle that also became available in 2025. Whether it will get all those things is unclear for now, but it is quite plain that DISH is willing to get litigious after Disney threw down the legal gauntlet.
Sling TV
Sling TV is The Streamable’s choice for cord-cutters on a budget. Sling is a live TV streaming service with multiple channel packages. The $45.99/month Sling Orange plan offers about 30 channels, including Disney Channel and ESPN. The $45.99/month Sling Blue plan offers about 40 channels, including ABC, Fox, and NBC in major markets.
You can combine Orange+Blue for a total of $60.99 / month. Sling also offers many channel add-on packages starting at $6/month.