Disney Fails Again To Get Antitrust Class Action Over ESPN & Hulu Ownership Tossed Out

deadline.com:

Disney’s efforts to have an antitrust class action from streaming subscribers dismissed has been denied one more time, but the company will now not be on the hook for any cash. “The Court once again finds Plaintiffs’ allegations sufficient to plead Disney’s market power in a well-defined SLPTV market in the United States,” wrote U.S.

District Judge Edward J. Davila today in a complex and mixed bag ruling for the Mouse House (read the order here). Back in November 2022, YouTube subscribers in a quartet of states filed a class-action complaint alleging that Disney’s control of both ESPN and Hulu has allowed the Bob Iger-run media giant to “inflate prices marketwise by raising the prices of its own products” and also “set a price floor.” The bold action detailed that because Disney requires streamers, including YouTube TV and Sling TV, to include ESPN in base packages, they are paying more for their subscriptions than they should.

The 82-page complaint additionally claimed antitrust violation on the grounds that Disney’s control of content and distribution, including operating control of Hulu and its Hulu + Live TV, presented a barrier to entry in the market.

In tones and terms very similar to what he decided back in October last year, the order in part granting and in part denying Disney’s latest move to have the November 2022 filed action thrown out will allow the case to go forward in a further reduced form.