The launch of Venu Sports will be delayed after a federal judge granted FuboTV’s motion for a preliminary injunction against the planned sports streaming venture by ESPN, Fox and Warner Bros. Discovery.
United States District Judge Margaret M. Garnett in the Southern District of New York said in her 69-page ruling that Fubo was likely to be successful in proving that the joint venture would violate antitrust laws and Fubo and consumers would “face irreparable harm in the absence of an injunction.”
Fubo TV filed the lawsuit two weeks after ESPN, Fox, Warner Bros. Discovery and Hulu announced their plans to offer a sports streaming service on Feb. 6.
FuboTV said in its filing that it has tried for years to offer a sports-only streaming service but has been prevented from doing so because of ESPN. Fox and Warner Bros. Discovery have imposed bundling requirements on FuboTV which it says forces “Fubo to spend hundreds of millions of dollars to license and broadcast content that its customers do not want or need.”
Venu Sports announced on Aug. 1 it would be available for $42.99 per month with its planned launch in the fall.
The platform would include offerings from 14 linear networks — ESPN, ESPN2, ESPNU, SEC Network, ACC Network, ESPNEWS, ABC, FOX, FS1, FS2, Big Ten Network, TNT, TBS, truTV — as well as ESPN+.
Subscribers would have the ability to bundle the product with Disney+, Hulu and/or Max.
“We will launch at a compelling price point that will appeal to the cord cutter and cord never fans currently not served by existing pay TV packages,” Venu Sports CEO Pete Distad said in a statement.
ESPN, Fox and Warner Bros. Discovery will each share one-third ownership in the joint venture.
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