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Dish Countersues Disney and ESPN, Alleging Antitrust Violations Over Sling Passes and Bundling

The filing seeks court orders to unwind Disney's Fubo acquisition, signaling a test of streaming‑era antitrust.

Overview

  • Dish filed antitrust and breach-of-contract counterclaims on Jan. 2 in the Southern District of New York, targeting Disney and ESPN over Sling TV’s short-term Sling Passes.
  • Dish alleges illegal tying by conditioning access to ESPN on carrying lower-value channels and claims Disney denied Sling most-favored-nation terms extended to rivals.
  • The counterclaims ask for unspecified damages, a ruling that Disney and ESPN violated U.S. antitrust laws, and injunctions to unwind Disney’s Fubo acquisition and the ESPNFox One bundle.
  • Dish says Disney is moving to corner the skinny sports bundle market through ESPN Unlimited and restrictive contracts, while acknowledging some Sling Pass promotions inaccurately said “no subscription.”
  • A judge in November denied Disney’s bid to block Sling Passes, which remain available, and Disney calls Dish’s new claims meritless as the case continues in S.D.N.Y.