A court date has officially been set for the jury trial of FuboTV’s antitrust lawsuit against Warner Bros. Discovery, Disney and Fox Corp. According to Deadline, U.S. District Court Judge Margaret Garnett ruled on Thursday that the trial will start on October 6, 2025.
In February 2024, Warner Bros. Discovery, Disney and Fox Corp. announced plans to launch Venu Sports, new sports-focused streaming service that would have combined properties from the three companies, such as Fox, TNT, ABC, TBS and ESPN. The service was planned to launch last month for $43 a month. However, shortly after its announcement, FuboTV, a competing pay-TV provider, filed a one billion dollar antitrust lawsuit against Venu Sports’ parent companies, alleging they were pursuing a monopolistic venture. Judge Garnett agreed with the company and granted their preliminary injunction request, preventing Venu from launching.
“The proposed joint venture was only the latest example of anticompetitive practices that The Walt Disney Company, FOX Corp. and Warner Bros. Discovery have consistently engaged in for many years,” Fubo chief executive David Gandler said to The Hollywood Reporter. “We believe these practices monopolize the market, stifle competition and cheat consumers from deserved choice.”
The October 2025 trial date is much sooner than the defendants’ suggested start in February 2026. According to Deadline, Fox attorney Andrew Levander told Garnett that there was no need to rush the trial given that Venu was not able to launch because there was an “enormous amount” of discovery material requiring analysis. Disney attorney Antony Ryan argued that even a February 2026 start would be “a fast schedule” by the standards of antitrust law, but Garnett ruled in favor of Fubo’s preferred window.
Even with a start date far earlier than the defendants would have preferred, Garnett noted that two factors could accelerate the trial schedule even more. The first is if the Second Circuit Court of Appeals lifts her preliminary injunction order, allowing Venu to launch. The second is if she grants any coming motions to dismiss any of the counts in Fubo’s complaint because it would then simplify the case.
As part of the pretrial conference, Garnett pitched a possible “bifurcated” process wherein the claims in the Fubo suit are tried separately from one another because they rely on different legal concepts and precedents. The defendants were somewhat supportive of the idea, but Fubo attorney Mark Hansen argued against it, saying, “We see bifurcation as a path to inefficiency and delay.”
The case between FuboTV and Venu Sports has become yet another hurdle for the defendants to overcome in their effort to balance traditional media with streaming. Disney has also been in a carriage fight with DirecTV since September 1. Over the summer, Warner Bros. Discovery lost its rights to the NBA, which diminished its Venu Sports offerings.