DiCello Levitt and Lite DePalma Greenberg & Afanador File Class Action Against Disney for Anticompetitive Practices in Streaming Market

Jan 14, 2025

Antitrust Lawsuit Alleges Disney’s ESPN, Hulu Practices Inflate Prices

NEW YORK – January 14, 2025 – DiCello Levitt and Lite DePalma Greenberg & Afanador have filed a class action lawsuit against The Walt Disney Company on behalf of Cole Unger and other consumers. The lawsuit alleges that Disney has engaged in anticompetitive practices in the streaming live pay TV (SLPTV) market.

The complaint, filed in the United States District Court for the Southern District of New York, claims that Disney’s ownership of ESPN allows it to extract monopoly rents in the SLPTV market through tactics such as forcing streaming services to carry non-ESPN content to access ESPN and inflating prices via Most Favored Nation (MFN) clauses.

Cole Unger, who subscribed to fuboTV, believes he has experienced higher prices for streaming services and paid for unwanted content due to Disney’s actions. He alleges that Disney’s practices have harmed consumers and limited competition in the market.

“Disney is leveraging its dominant market position to suppress competition and inflate prices, forcing consumers to pay more for streaming services and unwanted content,” said Partner Greg Asciolla, Chair of DiCello Levitt’s Antitrust Practice Group. “DiCello Levitt will work tirelessly to ensure that consumers are treated fairly, and that competition is restored in the streaming market.”

The class action seeks to represent U.S.-based consumers who have been affected by Disney’s anticompetitive practices. The lawsuit alleges violations of federal and state antitrust laws, and seeks actual damages, treble damages, disgorgement of profits, injunctive relief, a declaratory judgment, reasonable costs and attorneys’ fees, and pre- and post-judgment interest.

The case is Cole Unger v. The Walt Disney Company, Case No.1:25-cv-00375 in the United States District Court for the Southern District of New York. A copy of the complaint is available here.

About DiCello Levitt
At DiCello Levitt, we’re dedicated to achieving justice for our clients through class action, environmental, mass tort, securities, financial services, antitrust, business-to-business, public client, whistleblower, personal injury, and civil and human rights litigation. Our lawyers are highly respected for their ability to litigate and win cases—whether by trial, settlement, or otherwise—for people who have suffered harm, global corporations that have sustained significant economic losses, and public clients seeking to protect their citizens’ rights and interests. Every day, we put our reputations—and our capital—on the line for our clients.

DiCello Levitt has achieved top recognition as Plaintiffs Firm of the Year and Trial Innovation Firm of the Year by the National Law Journal, in addition to its top-tier Chambers and Benchmark ratings. For more information about the firm, including recent trial victories and case resolutions, please visit www.dicellolevitt.com.

Media Contact Caitlin Whitehurst, Director of Communications, [email protected]

Comments are closed.