CDT Joins in Amicus Brief in Support of Competition in “Skinny Bundle” Live Sports Video Streaming

CDT has joined the Sports Fans Coalition, the American Antitrust Institute, the American Economic Liberties Project, the Electronic Frontier Foundation, the Open Markets Institute, the National Consumers League, and Public Knowledge in an amicus brief in the Second Circuit in support of upholding a preliminary injunction against a joint venture among Disney, Fox, and Warner Brothers Discovery in FuboTV v. The Walt Disney Company et al.

According to the district court’s recitation of the facts, Fubo and other independent streaming services have been seeking, for years, a license to offer consumers a narrower “skinny bundle” of live sports programming. The Defendants have refused, and have offered live sports programming licenses only in bigger packages that include programming that many consumers have no interest in. The additional undesired programming comes at additional cost to the independent streaming services, which has impaired their ability to offer competitively attractive live sports streaming packages to consumers, and has undermined the promise of the internet to provide consumers with a greater variety of innovative choices. 

Read the full brief.