Federal Judge Edward Davila of the U.S. District Court in San Jose,
California has allowed an antitrust lawsuit against Disney related to its
streaming services to proceed.

YouTube TV subscribers said Disney�s �business deals with competitors have
inflated the amount consumers pay for streaming live TV services,�
according to Deadline.

�The suit said that because Disney requires streamers, including YouTube
TV and Sling TV, to include ESPN in base packages, they are paying more
for their subscriptions than they should.�

�They also alleged antitrust violation on the grounds that Disney�s
control of content and distribution, including operating control of Hulu
and its Hulu + Live TV, presented a barrier to entry into the market,� it
added.

�The Court agrees with Disney that, to the extent Plaintiffs rely on
allegations of reduced consumer choice and increased subscription prices,
these allegations are insufficient to allege an injury to competition,� he
said.

�Plaintiffs also allege that, in addition to increased prices, the
infrastructure and agreements have produced barriers to entry.�

�Detailed allegations of barriers to entry are sufficient to allege
anticompetitive harm.� the court said.

The judge said Disney�s conduct has prevented �entry by potential rival
because a new entrant would need to contract with Disney in order to
obtain several notable channels.�

�For the foregoing reasons, Defendant�s motion to dismiss for failure to
state a claim is GRANTED IN PART and DENIED IN PART with leave to amend,�
the court said.

According to The Hollywood Reporter (THR), �not only could Disney�s
stewardship of the companies have reduced consumer choice and increased
subscription prices, U.S. District Judge Edward Davila concluded that
Disney may have enough control over the live-streaming pay TV market to
impair competition.�

�He pointed to its ability to �prevent or retard entry� of competitors by
�mandating onerous terms or by outright refusing to license live
television content,�� it added.

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disney/ar-AA1hL0J7