Dish Network is countersuing Disney and ESPN for alleged antitrust law violations after Disney sued Dish last summer regarding Sling TV’s limited-time passes.

Dish vs. Disney

Back in August, Dish’s Sling TV launched Sling Passes, allowing viewers to sign up for just a day, weekend, or week of live TV. Disney quickly filed a lawsuit saying the packages violate the terms of their programming distribution agreements.

“Sling TV’s new offerings, which they made available without our knowledge or consent, violate the terms of our existing license agreement,” said a Disney representative at the time. “We have asked the court to require Dish to comply with our deal when it distributes our programming.”

Sling’s passes include access to ESPN, ESPN2, ESPN3, and Disney Channel.

In November, a federal judge ruled in favor of Dish. Now, Dish is suing Disney, alleging that it violated antitrust laws and breached the terms of their contract. Dish “avers that it had no contractual obligation to consult” with Disney or ESPN before launching Sling Passes.

Dish states Disney is trying to “destroy competition” and has “flagrantly” breached contracts. They state Disney’s acquisition of Fubo and launch of the ESPN, Fox One Bundle violates antitrust laws. They allege that Disney violated the Sherman Act by requiring the purchase of low-value channels to access ESPN.

Dish claims Disney is attempting to corner the “skinny sports bundle market” with their ESPN Unlimited app, which launched around the same time as the Sling Passes.

Dish is seeking unspecified monetary damages, a judgment that Disney and ESPN’s actions violate antitrust laws, and an injunction to force the “unwinding” of Disney’s Fubo acquisition and the ESPN, Fox One Bundle.

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