As 2025 began, FuboTV Inc. and The Walt Disney Company confirmed that they have entered into a definitive agreement for Disney to combine its Hulu + Live TV business with Fubo, forming a combined virtual MVPD company.
A key Democratic U.S. Senator has now written to the Acting Assistant Attorney General within the Department of Justice’s antitrust division, urging Omeed Assefi to “closely scrutinize” the proposed acquisition.
Sen. Liz Warren (D-Mass.) wrote to Assefi on Wednesday (2/19), noting that Disney is “already one of the most powerful media companies in the world.”
In her view, Disney’s plan to acquire its competitor is a direct result of being threatened by Fubo in court; Fubo had sued Disney, FOX Corporation and Warner Bros. Discovery to prevent the planned (and now aborted) launch of the Venu Sports direct-to-consumer platform.
And, Warren asserts, the purchase of Fubo by Disney is tied to an apparent attempt to keep Fubo from “becoming the next Netflix.”
With the plan to buy Fubo, Disney is poised, in Warren’s view, to become an even more powerful force in an already highly concentrated market.
“[The] DOJ powerfully pushed back on the attempt by Disney, together with Warner Bros. and Fox, to dominate the sports streaming market through Venu Sports,” Warren writes. “I urge DOJ to continue this work on behalf of viewers by closely scrutinizing this proposed deal and blocking it if it violates antitrust law. As the companies have acknowledged, the sports streaming market is rapidly changing. This uncertainty only underscores the need for antitrust enforcers to carefully assess the potential impacts this proposed deal will have on competition, the broader streaming industry, and millions of sports fans across the country.”
The letter, which was also sent to Assistant Attorney General Nominee Gail Slater, also sees Warren make the assertion that Disney’s proposed acquisition of Fubo “appears to allow Disney to simultaneously circumvent the lawsuit while gobbling up a competitor.”
She adds, “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. 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.”
