Live streaming app Venu Sports faces legal hurdle

Venu Sports — which will be a major broadcast home for the NTT IndyCar Series when it moves from NBC to FOX in 2025 — is facing a major hurdle in its plans to launch its massive new broadcast package later this month.

It was priced at $42.99 per month, which includes 14 channels including ABC, ESPN, ESPN2, ESPNU, ESPNEWS, ESPN+, SEC Network, ACC Network, FOX, FOX Sports 1, FOX Sports 2, Big Ten Network, TNT, TBS, and truTV. It was supposed to go live in late August, but a lawsuit from rival streaming company FuboTV received a favorable preliminary injunction that halted those plans.

FuboTV claims it was blocked from offering its own sports package by ESPN, FOX and Warner Bros. Discovery, which went on to band together and form Venu Sports.

“U.S. District Judge Margaret M. Garnett of the Southern District of New York said in her 69-page ruling Friday that Fubo is likely to succeed in proving that the joint venture would violate antitrust laws and that Fubo and consumers “would suffer irreparable harm in the absence of an injunction.” ESPN Reports.

As RACER recently reported, fans without cable (or a subscription to a standalone streaming service that includes FOX) will have free access to IndyCar races on FOX, but access to IndyCar on FOX via the FOX Sports app will require authentication through the cable provider. With Venu Sports, IndyCar fans without cable and without a subscription to YouTube TV or the like will have a way to stream every practice and qualifying session on FS1 and FS2, and every race on the FOX Network.

The injunction will be appealed, and until it is resolved, IndyCar’s main solution for its series among those who have left cable or prefer live streaming is in limbo. It also affects other major racing properties like Formula 1 (ESPN/ABC), NASCAR and NHRA (FOX).

“We believe that Fubo’s arguments are flawed on the facts and the law, and that Fubo has failed to demonstrate that it is legally entitled to a preliminary injunction,” ESPN said. “Venu Sports is a pro-competitive option that aims to promote consumer choice by reaching a segment of viewers currently underserved by existing subscription options.”

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