Brantley, et al. v. NBC Universal, Inc., et al.

Plaintiffs, a putative class of retail cable and satellite television subscribers, brought suit against television programmers and distributors alleging that programmers' practice of selling multi-channel cable packages violated Section 1 of the Sherman Act, 15 U.S.C. 1. At issue was whether the district court properly granted programmers' and distributors' motion to dismiss plaintiffs' third amended complaint with prejudice because plaintiffs failed to allege any cognizable injury to competition. The court held that the complaint's allegations of reduced choice increased prices addressed only the element of antitrust injury, but not whether plaintiffs have satisfied the pleading standard for an actual violation. Therefore, absent any allegations of an injury to competition, the court held that the district court properly dismissed the complaint for failure to state a claim. View "Brantley, et al. v. NBC Universal, Inc., et al." on Justia Law