Although Fubo’s lawsuit against the JV appears to be settled, other rivals in sports television seemed intent on continuing to fight Venu.
In a January 9 letter (PDF) to US District Judge Margaret M. Garnett of the Southern District in New York, who granted Fubo’s premliminary injunction against Venu, Michael Hartman, general counsel and chief external affairs officer for DirectTV, wrote that Fubo’s settlement “does nothing to resolve the underlying antitrust violations at issue.” Hartman asked the court to maintain the preliminary injunction against the app’s launch.
“The preliminary injunction has protected consumers and distributors alike from the JV Defendant’s scheme to ‘capture demand,’ ‘suppress’ potentially competitive sports bundles, and impose consumer price hikes,” the letter says, adding that DirectTV would continue to explore its options regarding the JV “and other anticompetitive harms.”
Similarly, Pantelis Michalopoulos, counsel for EchoStar Corporation, which owns Dish, penned a letter (PDF) to Garnett on January 7, claiming the members of the JV “purchased their way out of their antitrust violation.” Michalopoulos added that the JV defendants “should not be able to pay their way into erasing the Court’s carefully reasoned decision” to temporarily block Venu’s launch.
In addition to Fubo, DirecTV, and Dish, ACA Connects (a trade association for small- to medium-sized telecommunication service providers) publicly expressed concerns about Venu. NFL was also reported to be worried about the implications of the venture.
Now, the three giants behind Venu are throwing in the towel and abandoning an app that could have garnered a lot of subscribers tired of hopping around apps, channels, and subscriptions to watch all the sports content they wanted. But they’re also avoiding a lot of litigation and potential backlash in the process.