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US DOJ backs FuboTV in Disney, Fox, Warner Bros. appeal of decision blocking JV

( November 27, 2024, 02:10 GMT | Official Statement) -- MLex Summary: The US Department of Justice urged a federal appellate court to hold that Fubo "established a likelihood of success" on its claim under Section 7 of the Clayton Act as Walt Disney, Fox, and Warner Bros. Discovery appeal a district court's decision to block the companies' formation of a joint venture. "Defendants’ leading argument on the merits of Fubo’s Section 7 claim is that foreclosing rival distributors from obtaining unbundled sports channels is not anticompetitive because, under Supreme Court case law on the application of Section 2 of the Sherman Act to claims for a dominant firm’s unilateral refusal to deal with rivals, they have no antitrust duty to deal with distributors at all," the DOJ said. "That argument is a red herring." See court document. ...

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