February 20, 2025

Warren Urges DOJ To Closely Scrutinize Proposed Disney-Fubo Deal, Warns of Increased Costs for Television Viewers

“If the takeover of Fubo is successful, Disney and Fubo will only increase their leverage, and could use the reduced competition and the resultant market power to raise prices even further for sports fans across the country.”

Text of Letter (PDF)

Washington, D.C. – U.S. Senator Elizabeth Warren (D-Mass.) wrote to Omeed Assefi, Acting Assistant Attorney General for the United States Department of Justice’s (DOJ) Antitrust Division, calling on the agency to closely scrutinize Disney’s proposed acquisition of FuboTV (Fubo).

The deal, announced last month, resolves a lawsuit that Fubo filed in February 2024 against Disney, Fox, and Warner Bros. Discovery, which at the time collectively controlled more than 80% of nationally broadcast sports. A federal judge found that the three companies’ joint venture, Venu Sports, likely violated antitrust law. Disney’s proposed acquisition of Fubo appears to allow Disney to simultaneously circumvent the negative outcome of the lawsuit while eliminating a competitor. 

“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,” wrote Senator Warren. “I urge DOJ not to be fooled by Disney’s attempt to purchase its way around antitrust law, and to closely scrutinize this proposed acquisition.”

Senator Warren first raised concerns about Venu Sports in August 2024. Later that month, the U.S. District Court for the Southern District of New York enjoined the launch of that venture. Shortly after Disney appealed to the U.S. Court of Appeals for the Second Circuit, the DOJ’s Antitrust Division filed an amicus brief supporting the District Court’s findings that Venu Sports would have anticompetitive effects on the market. 

Disney’s proposed acquisition of Fubo is inextricably linked to the company’s attempt to dominate the sports streaming marketplace through Venu Sports. Disney directly competes with Fubo through Hulu + Live TV. Since acquiring Hulu in 2019, Disney has raised the price of Hulu + Live TV by 85%, from $45 per month to $82.99 per month, while using its market power to lead competitors to raise prices as well. If the takeover of Fubo is successful, Disney will only increase its leverage, and could use the reduced competition and the resultant market power to raise prices even further for sports fans across the country.

“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,” wrote Senator Warren. “I urge DOJ to continue [its] work on behalf of viewers by closely scrutinizing this proposed deal and blocking it if it violates antitrust law.”

Senator Warren has long fought to crack down on corporate consolidation that threatens consumers and raises prices: 

  • In November 2024, U.S. Senators Elizabeth Warren (D-Mass.) and Richard Blumenthal (D-Conn.) sent two letters regarding the impact of private equity and large corporations in veterinary care, to JAB Holding Company (JAB) and to Mars Petcare (Mars), a subsidiary of Mars, Inc., respectively.
  • In October 2024, Senator Elizabeth Warren led the reintroduction of the Stop Wall Street Looting Act, comprehensive legislation to fundamentally reform the private equity industry and level the playing field by forcing private investment firms to take responsibility for the outcomes of companies they take over, empowering workers and protecting investors. 
  • In August 2024, U.S. Senator Elizabeth Warren (D-Mass.) and Representative Joaquin Castro (D-Texas), joined by U.S. Senator Bernie Sanders (I-VT), wrote to the United States Department of Justice (DOJ) and Federal Communications Commission (FCC), calling on the agencies to closely scrutinize the proposed joint venture between FOX, Warner Bros. Discovery, and Disney subsidiary ESPN that would create a new streaming service named Venu Sports (Venu). 
  • In July 2024, Senators Warren, Klobuchar, Murphy, Sanders, Booker, and Blumenthal wrote a letter to the Department of Justice and Federal Communications Commission, urging them to scrutinize T-Mobile’s proposed acquisition of UScellular.
  • In July 2024, Senator Warren and Representatives Mark Pocan (D-Wis.) and John Garamendi (D-Calif.) urged the Department of Defense (DoD), FTC, and DOJ to review TransDigm Group Inc.’s acquisitions of two specialized aerospace contractors to prevent price gouging.
  • In June 2024, Senator Warren wrote to DOJ, FTC, and the Department of Health and Human Services (HHS), calling out high health care costs due to vertically integrated insurers, private equity companies, and pharmaceutical companies that are driving health care consolidation.
  • In June 2024, Senators Warren and Markey (D-Mass.) introduced the Corporate Crimes Against Health Care Act of 2024 to root out corporate greed and private equity abuse in the health care system.
  • In May 2024, chairing a hearing of the Senate Banking, Housing, and Urban Affairs Committee Subcommittee on Economic Policy, Senator Warren highlighted the impact of concentration in the food industry and its impact on prices, product, and consumer choice.
  • In May 2024, Senator Warren and Senator Josh Hawley (R-Mo.) introduced the bipartisan Airport Gate Competition Act, which would increase competition in the airline industry and lower prices for consumers by increasing the number of common-use gates in airports.
  • In March 2024, Senator Warren and Representative Mary Gay Scanlon (D-Penn.) led a group of 14 lawmakers in urging the FTC to revive enforcement of the Robinson Patman Act, a critical tool to promote fair competition in the food industry.
  • In March 2024, Senators Warren and Klobuchar led 26 lawmakers in urging the leadership of the House and Senate Appropriations Committees to strike parts of the Commerce, Science, and Justice (CJS) appropriations bill that undercut DOJ’s ability to block anticompetitive mergers.
  • In February 2024, Senator Warren urged FTC to closely scrutinize Choice Hotels’ attempted hostile takeover of Wyndham Hotels & Resorts, which would further consolidate the hotel market and create the largest branded hotel chain in the United States.
  • In February 2024, Senator Warren delivered the keynote address at RemedyFest, where she called out Big Tech for their anti-competitive tactics that have led to market consolidation and record profits.
  • In February 2024, Senator Warren and 12 other lawmakers called on regulators to block the Capital One-Discover Merger.
  • In December 2023, Senator Warren led 6 senators in a letter to Acting Comptroller of the Currency Michael Hsu, calling on OCC to allow states to move forward with their efforts to protect consumers from harmful bank practices. The senators criticized the OCC for overstepping its preemption authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act, which the agency is abusing to block tough, state-level consumer protections.
  • In November 2023, Senators Warren and Blumenthal called out U.S. Anesthesia Partners’ (USAP) monopolistic business model and use of restrictive non-compete agreements that have reduced patients’ quality of care, increased prices, and suppressed workers’ wages.
  • In October 2023, Senator Warren and Representative Pramila Jayapal (D-Wash.) urged DOJ and FTC to carefully scrutinize UnitedHealth Group’s pending acquisition of Amedisys; and urged the agencies to scrutinize similar deals, reject behavioral or structural remedies, and oppose any health care acquisition that would threaten competition, increase prices, and reduce quality of care.
  • In September 2023, Senator Warren and Representative Becca Balint (D-Vt.), along with a bicameral group of lawmakers, submitted a public comment to the FTC and DOJ in support of the agencies’ proposed merger guidelines, endorsing the agencies’ reading of antitrust law, praising the guidelines as necessary to prevent harm to workers, consumers, and small businesses.
  • In August 2023, chairing a hearing of the Senate Banking, Housing, and Urban Affairs Committee Subcommittee on Economic Policy, Senator Warren highlighted the need for regulators to implement the strongest version of bank merger review guidelines in order to ensure stability in the financial system. 
  • In June 2023, Senator Warren sent a letter to Assistant Attorney General Jonathan Kanter, Federal Deposit Investment Corporation (FDIC) Chairman Gruenberg, Acting Comptroller of the Currency Hsu, Federal Reserve Vice Chair for Supervision Michael Barr, and Treasury Secretary Janet Yellen, urging regulators to promote greater competition in the banking sector by toughening their stances on bank mergers and strengthening bank merger review guidelines.
  • In May 2023, at a hearing of the Senate Banking, Housing, and Urban Affairs Committee, Senator Warren questioned Acting Comptroller Hsu on his decision to approve JPMorgan Chase’s purchase of First Republic Bank after its collapse. This merger allowed a large, poorly supervised bank to be swallowed by America’s largest bank, making it $200 billion larger than it was before.

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