Partner Amanda Lewis Files Amicus Brief in FuboTV’s Antitrust Case Against Disney, Fox, and Warner Bros

Earlier this week, Cuneo Gilbert & LaDuca Partner Amanda Lewis filed an amicus brief on behalf of a coalition of consumer advocacy and public interest groups including Sports Fans Coalition, the American Antitrust Institute, American Economic Liberties Project, the Center for Democracy & Technology, the Electronic Frontier Foundation, Public Knowledge, National Consumers League, and Open Markets Institute in support of FuboTV’s antitrust case against Disney, Fox, and Warner Bros. Fubo’s case challenges the Defendants’ proposed new live sports streaming joint venture, Venu Sports, arguing that it would create a de facto monopoly. The brief argues that upholding the lower court’s preliminary injunction order blocking the joint venture, “is the only way to ensure consumer access to new products and services that sports fans want without subjecting them to a monopolist’s unchecked power over pricing and terms.”

FuboTV secured a preliminary injunction in August to block the joint venture, but the Defendants appealed the decision. The appeal is now pending in the Second Circuit Court of Appeals.

Partner Amanda Lewis spoke to The Athletic about how the U.S. election could shape the future of the PGA Tour 

The upcoming 2024 U.S. presidential election could significantly shape the future of professional golf, specifically the PGA Tour, Saudi Arabia’s Public Investment Fund and the DP World Tour merger.   

In an interview with The Athletic, Amanda G. Lewis, a partner at Cuneo Gilbert & LaDuca, discussed how the Department of Justice’s antitrust review of the merger might shift depending on whether the administration is led by Vice President Kamala Harris or Former President Donald Trump. The DOJ’s antitrust enforcement priorities are influenced by the executive branch, and each administration could bring a different approach. 

“I think the chances of the merger going through increase quite a bit under a Trump administration,” Lewis told The Athletic.  

The framework agreement, announced in June 2023, aims to unify men’s professional golf under a new for-profit LLC, with the Saudi sovereign wealth fund injecting over $1 billion while the tour maintains control. The merger has the potential to reshape the industry, but it is far from a done deal as it raises significant competition concerns.  

Learn more here: https://www.nytimes.com/athletic/5867160/2024/10/24/us-presidential-election-pga-tour-pif-golf/