The 9th U.S. Circuit Court of Appeals affirmed a lower...
The 9th U.S. Circuit Court of Appeals affirmed a lower court’s ruling that dismissed a would-be class-action lawsuit brought by pay-TV consumers against programmers and distributors over their carriage practices. The lower court dismissed the suit that had claimed the…
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programmers’ practice of selling packages of cable programming violated the Sherman Act. “Tying arrangements, without more, do not necessarily threaten an injury to competition,” the court said. “Plaintiffs must also allege facts showing that an injury to competition flows from these tying arrangements. We conclude that such allegations are not present in the complaint."