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Disney settles for $50M over ESPN channel bundling practices

Ars Technica •
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Disney will pay $50 million to settle claims that it artificially inflated live-TV streaming costs by forcing carriers to include ESPN in their packages. The class-action lawsuit alleged that Disney's bundling requirements drove up prices for consumers across multiple streaming platforms. Customers who subscribed to YouTube TV, Direc TV Stream, Direc TV Now, and AT&T TV Now between April 2019 and March 2026 may receive compensation.

The settlement stems from longstanding complaints about sports programming costs dominating streaming bills. ESPN commands some of the highest licensing fees in television, and distributors often pass these expenses directly to subscribers. Plaintiffs argued that Disney's negotiating tactics left consumers with no choice but to pay premium prices for unwanted channels.

Under the agreement, Disney admits no wrongdoing but will consider allowing distributors to offer 'skinnier' channel bundles without ESPN for three years after final approval. However, the company isn't obligated to actually provide more affordable options. With $4.6 billion in segment operating income from its most recent quarter, Disney can easily absorb the settlement cost.

The case highlights ongoing tension between content owners and distributors over bundle pricing. While the settlement provides financial relief for affected subscribers, it stops short of requiring Disney to restructure its channel offerings. The final approval hearing is set for January 14 in Alabama federal court.