The defendants, including Disney and Hulu, countered that Fubo is seeking protection from competition rather than promoting it. They criticized Fubo for filing the lawsuit, claiming it is a “weak competitor” trying to avoid market pressures. The companies also pointed out that Fubo, unlike traditional cable and satellite providers, does not require expensive infrastructure and does not create its own content, making it less vulnerable to competition.
Implications of the Injunction
With the injunction in place, ESPN, Fox, and Warner Bros. Discovery are barred from moving forward with the Venu streaming service until the litigation is resolved or until Judge Garnett decides otherwise. This pause in the venture’s launch could have significant implications, not only for the companies involved but also for the broader streaming industry, where competition is fierce.
Additionally, the U.S. Department of Justice is reportedly considering a closer examination of the Venu joint venture. Members of Congress have also expressed concerns about the potential for reduced competition and have sent inquiries to the CEOs of Disney, Warner Bros., and Fox about the deal’s impact on consumers.