It's been a rough Thursday for Walt Disney (DIS). The stock dropped more than 3% to around $93, flirting with its 52-week low of $92.18, as investors juggled a European patent ruling, renewed calls for a corporate breakup, and some fresh regulatory noise from Washington. The broader market wasn't helping either—the Nasdaq fell 2% and the S&P 500 dropped 1.4%.
Let's unpack what's moving the mouse.
A Second Patent Injunction in Europe
InterDigital (IDCC) announced Thursday that a German court granted a second patent injunction against Disney. The ruling covers High Efficiency Video Coding (HEVC) technology—basically, the video compression standard that lets streaming services deliver high-quality video without eating up all your bandwidth. The injunction applies across 11 EU countries. Disney can appeal.
Josh Schmidt, InterDigital's chief legal officer, framed it as a matter of value: "Encoding for HEVC is a key component of the high-quality, premium viewing experience that streaming companies like Disney use to justify higher subscription prices." In other words, if you're charging a premium for 4K streaming, you need to pay for the tech that makes it possible.
This is the second such ruling against Disney in Europe, and it adds another layer of legal complexity to a business that's already under pressure to prove streaming can be profitable.
Break Up the Mouse House?
Meanwhile, Ross Gerber, CEO of Gerber Kawasaki, took to X to revive his call for major changes at Disney. He was responding to data from Charlie Bilello showing that Disney stock has fallen nearly 11% over the past 11 years, while the SPDR S&P 500 ETF (SPY) has gained 320%. Gerber's prescription: "Break up the mouse house or sell it."
He also suggested that Apple (AAPL) should acquire Disney, or that Disney should simply get out of the entertainment business entirely. It's a bold take, but it reflects a growing frustration among some investors who feel Disney's sprawling empire—theme parks, streaming, movies, TV networks—isn't delivering the returns it should.
Gerber isn't alone in thinking there's value hidden in Disney's parts. Last week, Wells Fargo analyst Steven Cahall argued that Disney could unlock roughly 40% upside by exiting streaming and returning to its legacy content licensing model. Wells Fargo maintains an Overweight rating on Disney, though it lowered its price target.
FCC Flags World Cup Rights
Adding to the uncertainty, FCC Chairman Brendan Carr said streaming services—including Disney's ESPN—could face regulatory hurdles when bidding for the 2030 FIFA World Cup broadcasting rights. Carr's position is that major sporting events should remain available on free, over-the-air television. That could complicate Disney's strategy of using live sports to drive subscriptions to its streaming platforms.
For a company that just launched a full-fledged ESPN streaming service, this is the kind of regulatory headwind that makes investors nervous.
The Technical Picture
Disney's chart isn't pretty. The stock is trading 11.6% below its 200-day moving average of $105.12, 7.1% below its 50-day moving average of $100.04, and even below its 20-day moving average of $96.90. That means every recent rally has been met with sellers.
The MACD indicator is below its signal line with a negative histogram, suggesting bullish momentum is fading. The stock is near the bottom of its 52-week range of $92.19 to $123.40, so the next move is critical. A break below $92 could trigger more selling, while a failed rebound near $100 would reinforce the pattern of selling into strength.
Key resistance is around $105 (the 200-day moving average), where previous rebounds have stalled. Key support is around $92, the 52-week low, which could attract buyers looking for a bargain.
Earnings on the Horizon
Disney is scheduled to report fiscal third-quarter earnings on August 5. Analysts expect earnings of $1.86 per share, up from $1.61 a year ago, on revenue of $25.44 billion, up from $23.65 billion. The stock carries a consensus Buy rating with an average price target of $125.42.
Recent analyst moves include:
- UBS maintained Buy but lowered its target to $133 on July 20.
- Barclays maintained Overweight but cut its target to $110 on July 14.
- Benchmark initiated coverage with a Buy and a $115 target on July 13.
So analysts are still bullish, but they're trimming their price targets—a sign that near-term headwinds are real.
For now, Disney is stuck between a patent ruling, a frustrated investor base, and a regulatory environment that's becoming less friendly to streaming. The earnings report on August 5 could be the catalyst that breaks the stock out of its funk—or confirms that the magic is fading.