Venu Sports, a joint sports streaming venture backed by Disney, Fox Corp., and Warner Bros. Discovery, is appealing a federal court ruling that blocked its launch. The company filed a brief with the U.S. Court of Appeals for the Second Circuit late Friday, arguing that the injunction granted to pay-TV operator Fubo is preventing consumers from accessing a new, lower-cost, innovative product.
The appeal stems from an antitrust lawsuit filed by Fubo, accusing the media giants of creating Venu to put Fubo and other distributors out of business. Last month, a judge in New York sided with Fubo, granting a preliminary injunction that halted Venu’s launch plans.
Venu Sports is a new sports-focused streaming service with 16 live sports channels and none of the other content. Fubo is seeking to block its launch as it says it will do them great harm.
Venu’s brief argues that the ruling “denies consumers a new, lower-cost, innovative product—so as to protect Fubo from increased competition. That is the opposite of what the antitrust laws seek to achieve.” The company contends that its service, offering 16 linear networks from Disney, Fox, and WBD for $43 a month, would “increase output and lower prices.” This is according to a copy of it posted on Deadline.
The appeal focuses on the injunction and Venu’s ability to operate commercially. However, the underlying lawsuit has broader implications for the future of TV and how it is distributed.
Fubo has until November 4 to respond to Venu’s appellate brief. The case highlights the tension between traditional pay-TV operators and media companies as they adapt to the changing landscape of television distribution. Venu’s appeal represents a significant step in the ongoing legal battle, with potential consequences for the future of sports streaming and the broader media industry.