| As FuboTV Sued Disney and
Others over Venu JV Expert
Whinston is Crossed to the End
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Aug 9 – FuboTV has sued
Disney, Fox and others or
alleged antitrust violations
in their Venu Sports joint
venture, has this week been
arguing for a preliminary
injunction to halt Venu before
it starts. Inner City Press is
covering it.
On August
8 before U.S. District Court
for the Southern District of
New York Judge Margaret
Garnett, defense witness Edwin
Desser was cross examined by
FuboTV's lawyer Rachel
Anderson. Thread.
On August 9,
evidence closed with defense
expert Whinston. Thread:
OK - now FuboTV v
FOX on what was set to be last
day. Warner witness on the
stand, says there was never a
plan for CBS to join the Venu
JV. FuboTV lawyer to
cross examine expert Campbell:
FuboTV lawyer: Do
you see this document, by Mr.
Mathers, that you want to
include the Turner networks
that have sport, but not the
other ones? Campbell: That's
not how I read it. In April,
Fubo dropped the networks
Campbell:
Today there is no sports-only
package out there. FuboTV: You
previously considered just FOX
and Warner Brothers, right?
Campbell: That's correct.
FuboTV: It was to be called
Zenith, as on this chart -
Judge: Can this be shown on
the public screen?
FuboTV lawyer: So
Venu is to cost $42.99 a
month, with 8 million
subscribers projected - can I
say this in open court? Yes? -
While if it were $45, it would
be 7.1 million subscribers,
right? Campbell: Yes.
FuboTV lawyer:
Including Disney's sports
makes it more attractive?
Campbell: Yes. FuboTV lawyer:
Especially at the same price
point... Hulu Live launched in
2017? Campbell: Yes. FuboTV
lawyer: Sports were the top 20
shows last year? Campbell:
They're popular
Now direct
examination of expert
Professor Winston. Judge:
Sorry for the tall chair, it's
so people can see you. Q:
Educational background?
Winston: I prepared a slide
about that... Wharton, then
PhD in economics at MIT. Q:
Job? Winston: Professor at
MIT.
[Note: it's
Michael D. Whinston] Q: Have
you testified for the US?
Whinston: Yes. Most recently
in US v. Google. Q: We offer
Professor Whiston as an
expert. Judge: I'm an expert
myself, at this point
[laughter] Judge: I'm
obviously joking. The weekend
is coming
Whinston:
The blurring is great with
live sports. You need to watch
it when it's happening.
Judge: So why for you does
that singular way of getting
sports while it is happening.
Maybe a few start 15 minutes
in to skip the commercials,
I'll consider that live
Now defense
expert Whinston on cross: Q:
How can you say you relied on
a deposition if you never read
it?
Whinston: My team
did. They summarized it for
me. Q: Do you think your
report says that? Whinston:
I'd have to look
Q: Do you think
you know more about this than
Jimmy Pitaro? Whinston: I
haven't seen his statement. Q:
I just read it to you.
Whinston: Hard core sports fan
want everything. Q: It is
obvious sports consumers would
prefer the skinny bundle?
Whinston: I don't know
Q: I need to talk
about a sealed document.
Judge: Let's not show it on
the public screen. And we'll
see if we need to seal the
courtroom. Doctor Whinston, be
mindful when you answer.
Q: This is
a document received from NBC
about sports JVs - have you
seen it? Judge: It's 216 in
your binder. Q: Doctor
Whinston, do facts matter in
your antitrust analysis?
Whinston: Just
because I didn't -
Q: Sir, answer my
question. You omitted
things Whinston: I spent
a lot of time with my team. So
I completely disagree with
you. Re-direct. Q: How many
documents did you review?
Whinston: 100s. I care a lot.
Whinston:
NBC- Judge: Please, do not
mention the name of any
company not in this case.
Please... Judge: The live
witness evidence is closed
now.
The case is
FuboTV Inc. et al. v. The Walt
Disney Company, et al., 24-cv-1363
(Garnett)
***
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