Washington, D.C. — In response to Disney’s announced acquisition of Fubo, a sports-focused streaming platform that has previously been an outspoken critic of Disney’s attempts to monopolize the streaming market, the American Economic Liberties Project released the following statement.

“For the past year, Fubo led sports fans and industry observers to believe they were genuinely interested in challenging Disney’s illegal joint venture in sports streaming, only to cash a check and leave consumers and the entire streaming industry worse off,” said Lee Hepner, Senior Legal Counsel at the American Economic Liberties Project. “It’s a total deception. This deal does not resolve any of the concerns laid out by Fubo in litigation against Disney’s attempts to concentrate the sports streaming market and in fact worsens the status quo. We urge President-Elect Trump’s antitrust enforcers, along with state AGs and private stakeholders to challenge this blatantly illegal deal to protect consumers and competition.”

American Economic Liberties Project has joined two amicus briefs in support of FuboTV’s challenge to the anticompetitive sports streaming bundle Venu Sports, a joint venture between Walt Disney (via its majority-owned subsidiary ESPN), Fox, and Warner Bros. Discovery. Its amicus brief to the Southern District of New York was heavily cited in that court’s rejection of the proposed joint venture. Participants to the joint venture have appealed that injunction to the Second Circuit, where AELP joined its second amicus brief, and that appeal remains pending. Concurrent with Fubo’s announcement that they have entered into a deal to allow Disney to acquire a 70% share of the company, partis filed a joint stipulation to voluntarily dismiss the appeal. The matter would also need to be dismissed before the lower court.

Disney’s acquisition of Fubo underscores its long-standing efforts to dominate the media landscape through aggressive acquisitions. This deal follows Fubo’s 2024 letter to Congress urging an investigation into Disney’s joint venture with Comcast and others, which Fubo argued enabled Disney to bundle services, extract favorable terms, and suppress competition from smaller players. That same year, Fubo filed a lawsuit against Disney, alleging that its restrictive licensing practices, including bundling and exclusivity agreements, violated antitrust laws by foreclosing market entry for smaller competitors. The lawsuit resulted in a preliminary injunction against Disney’s joint venture, with the court finding that the venture would irreparably harm competition and innovation.

Now, Disney’s acquisition of Fubo as part of a settlement of that case represents a troubling escalation. By absorbing a direct competitor and critic, Disney is reinforcing its dominance in the sports streaming market and silencing opposition to its monopolistic practices. This move will leave consumers with fewer choices, higher prices, and less innovation in an already concentrated industry. With its ownership of ESPN, Disney is already the most powerful player in sports media. Adding Fubo’s platform further entrenches its monopoly power, enabling it to limit consumer choice, drive up costs, and stifle competition.

Read Economic Liberties and partners’ November amicus brief in the Fubo v. Disney case here.

Learn more about Economic Liberties here.

###

The American Economic Liberties Project works to ensure America’s system of commerce is structured to advance, rather than undermine, economic liberty, fair commerce, and a secure, inclusive democracy. Economic Liberties believes true economic liberty means entrepreneurs and businesses large and small succeed on the merits of their ideas and hard work; commerce empowers consumers, workers, farmers, and engineers instead of subjecting them to discrimination and abuse from financiers and monopolists; foreign trade arrangements support domestic security and democracy; and wealth is broadly distributed to support equitable political power.