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 Friday that Fubo was likely to be successful in proving that the joint venture would violate antitrust laws and that Fubo and consumers would “face irreparable harm in the absence of an injunction.”
ESPN said in a statement that it disagreed with the court’s ruling and would appeal.
“We believe that Fubo’s arguments are wrong on the facts and the law, and that Fubo has failed to prove it is legally entitled to a preliminary injunction,” ESPN said. “Venu sports is a pro-competitive option that aims to enhance consumer choice by reaching a segment of viewers who currently are not served by existing subscription options.”
FuboTV filed the lawsuit two weeks after ESPN, Fox, Warner Bros. Discovery and Hulu announced in February their plans to offer a sports streaming service.
In its filing, FuboTV said it has tried for years to offer a sports-only streaming service but has been prevented from doing so because ESPN, Fox and Warner Bros. Discovery have imposed bundling requirements on FuboTV that 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 Aug. 1 that 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.
The Associated Press contributed to this report.
