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

The filing seeks to unwind recent sports deals that Dish says entrench control via ESPN-driven bundling.

Overview

  • Dish filed antitrust and breach-of-contract counterclaims in the Southern District of New York on Jan. 2, seeking unspecified damages and injunctive relief.
  • The company asks the court to unwind Disney’s Fubo acquisition and the ESPN-Fox One bundle, arguing the moves eliminate competition.
  • Dish alleges Disney ties access to ESPN to low-value channels in violation of the Sherman Act and failed to honor MFN terms extended to rivals.
  • A federal judge in November denied Disney’s bid to block Sling’s day, weekend, and week passes, which start at $4.99, allowing the offers to continue.
  • Disney called the counterclaims meritless, while Dish acknowledged a limited promotional error that described Sling Passes as available “with no subscription.”