Friday, August 16, 2024

As FuboTV Sued Disney and Others over Venu JV Expert Desser Downplays Antitrust in SDNY


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Aug 8 – FuboTV has sued Disney, Fox and others or alleged antitrust violations in their Venu Sports joint venture, has this week been arguing for a preliminary injunction to halt Venu before it starts. Inner City Press is covering it. 

  On August 8 before U.S. District Court for the Southern District of New York Judge Margaret Garnett, defense witness Edwin Desser was cross examined by FuboTV's lawyer Rachel Anderson. Thread:

FubtoTV lawyer: Netflix, in terms of sports, only has WWE and that's scripted, right?

Desser: They've done some one-offs, golf and I think boxing. The co-CEO of Netflix has stated that the notion of people gathering to consume sports on their platform is interesting 

Desser: Consider Amazon carrying NFL games. They were also on FOX, then Amazon bought exclusive rights for some billions of dollars.

FuboTV lawyer: What about Apple trying to buy PAC-12 basketball but it falling through? Desser: All PAC-12 fell through [Laughter]

 Desser: Apple has a 10 year exclusive on MLS. FuboTV lawyer: Have you seen research that Raptor would have 98% of playoff games?

Desser: Doesn't sound like it. Half of March Madness is not going to be in Venu. And the AFC Championship -

FubtoTV lawyer: Under seal 

Judge: You're excused Mr. Desser. Anyone from the defendants? Defense lawyer Engel: We have the director of distribution of FOX. Are we going to need to close the court?

Judge: We're getting comfortable with the procedures. 

Defense: We have an exhibit under seal...

And so it goes.

 The case is FuboTV Inc. et al. v. The Walt Disney Company, et al., 24-cv-1363 (Garnett)

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