+1 212 318 2000
Europe, Middle East, & Africa
+44 20 7330 7500
+65 6212 1000
The U.S. Supreme Court on Nov. 5 declined to review a Ninth Circuit decision that a group of cable television subscribers alleging that programmers and distributors tied cable channels failed to plausibly allege the injury to competition necessary to support a Sherman Act §1 claim (Brantley v. NBC Universal, Inc., U.S., No. 12-171, cert. denied, 11/5/12).
A putative class of cable subscribers alleged that distributors and programmers violated §1 by bundling or tying low-demand and high-demand cable channels together, thereby precluding consumers from purchasing only those individual channels that they wish to watch. According to the complaint, this practice limits the distributors' method of doing business and reduces consumer choice while, at the same time, raising prices. The district court, however, dismissed the complaint on the ground that the plaintiffs could not show an injury to competition.
The Ninth Circuit agreed. “[L]imitations on the manner in which Distributors compete with each other do not, without more, constitute a cognizable injury to competition,” the Ninth Circuit explained, and harm to consumers, rather than competition, is not cognizable under the Sherman Act.
The Supreme Court's denial of certiorari is at http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-171.htm -- at the Court's website.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).