Senator Elizabeth Warren (D-Mass.) has urged the U.S. Department of Justice (DOJ) to rigorously examine Disney’s recent acquisition of a 70% stake in Fubo, warning that the deal could stifle competition and drive up prices for consumers. In a sharply worded letter to the DOJ’s Antitrust Division, Warren described the merger—announced in January, which combines Disney’s Hulu + Live TV with Fubo—as a move that allows Disney to “gobble up a competitor” and further entrench its dominance in the streaming and live TV market.
“This proposed acquisition raises significant concerns under antitrust law, would give Disney increased market power and incentives to increase costs for viewers, and should be regarded as another data point in Disney’s history of anticompetitive behavior,” Warren wrote, according to a copy of the letter obtained Thursday by Variety. The senator’s call for scrutiny comes just weeks after Disney, Fox, and Warner Bros. Discovery abandoned their joint venture, Venu Sports, a planned streaming service that had already faced legal pushback from Fubo and regulatory skepticism.
The Disney-Fubo deal marks a dramatic shift in a contentious rivalry. Last year, Fubo sued Disney, Fox, and Warner Bros. Discovery, alleging the media giants were leveraging their market power to crush a smaller competitor. That lawsuit gained traction in August when a judge granted Fubo an injunction blocking Venu’s launch, a decision supported by the Biden administration’s DOJ in an amicus brief. Disney and its partners appealed but ultimately dropped the litigation as part of the Fubo acquisition. Warren now argues that Disney has sidestepped antitrust accountability by buying out its adversary rather than competing fairly.
“Disney is already one of the most powerful media companies in the world,” Warren wrote. “Threatened by Fubo’s lawsuit and in an apparent attempt to keep Fubo from ‘becoming the next Netflix,’ Disney has proposed a plan to acquire its competitor, and, in the process become an even more powerful force in an already highly-concentrated market.” She pointed to Disney’s growing portfolio, which includes Hulu + Live TV, an upcoming ESPN streaming service set for this fall, and now Fubo, as evidence of its expanding influence.
The deal stipulates that Fubo and Hulu + Live TV will remain distinct offerings under Disney’s corporate umbrella, a structure Disney CEO Bob Iger described in a recent earnings call as rendering Venu “redundant” amid the rise of “skinny bundles.” However, Warren remains unconvinced, suggesting the consolidation could still harm consumers by reducing choice and inflating prices.
Warren’s concerns echo her earlier warnings about Venu Sports, which she, alongside Sen. Bernie Sanders (I-Vt.) and Rep. Joaquin Castro (D-Texas), criticized last summer as a potential monopoly in live sports streaming. That effort aligned with Fubo’s broader campaign, backed by DirecTV and DISH Networks, to draw congressional attention to the issue. Now, with Venu shelved and Fubo absorbed, Warren sees a pattern of Disney flexing its muscle to eliminate threats.
Addressed to Omeed Assefi, interim head of the DOJ’s Antitrust Division, and copied to Gail Slater—President Trump’s nominee awaiting confirmation as division chief—Warren’s letter leans on the Biden administration’s prior resistance to Venu as a precedent. “I urge DOJ to continue this work on behalf of viewers by closely scrutinizing this proposed deal and blocking it if it violates antitrust law,” she concluded. Slater’s past roles at Fox Corp. and Roku add an intriguing layer to the unfolding review.
As of February 21, 2025, the DOJ has yet to respond publicly, but Warren’s salvo ensures Disney’s latest move will face intense scrutiny in a media landscape already wary of its reach.
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