The pay TV distributors raised a red flag to a U.S. district judge over a bid to dismiss an earlier injunction against the sports streamer after a surprise merger of Disney’s Hulu + Live TV and Fubo.

Disney will merge its Hulu + Live TV virtual MVPD with competitor Fubo, expanding its sports-focused distribution while settling a suit over skinny bundle Venu.

Disney is set to combine its Hulu + Live TV offering with Fubo, the companies announced on Monday, effectively ending their litigation over the planned combined sports streaming offering Venu from Disney, Fox and Warner Bros. Discovery.

The deal will create a streaming multichannel video service that is second only to YouTube in scale, while potentially allowing the Venu service to move forward.

Fubo has settled with Disney but at least one of its subscribers has not and is pursuing a separate complaint against the media giant. Cole Unger is seeking class action status for a suit in U.S. District Court in the Southern District of New York against Disney for a "multifaceted campaign to suppress competition in

The lawsuit claims that Disney's ownership of ESPN "enables it to extract monopoly rents" and the company imposes anticompetitive terms on rivals.

After Disney pulled the plug on sports-streaming service Venu last week, a Fubo subscriber filed a proposed class action suit in New York federal court on Tuesday, alleging that the media giant has violated antitrust laws as both a content supplier and a distributor.