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Comcast Seeks Dismissal of Viamedia Antitrust Complaint

Viamedia's legal fight with Comcast is based on legally untenable theory -- that not dealing with a competitor is a violation of antitrust laws -- Comcast said Friday in a motion to dismiss in U.S. District Court in Chicago. Viamedia…

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sued Comcast in May, alleging in its complaint (in Pacer) Comcast used its control of interconnects in certain Spot Cable Advertising Representation markets to elbow out ad services competition from Viamedia in such markets as Detroit and Chicago, while also using its interconnects control to lure away former Viamedia cable company clients such as RCN and WideOpenWest. Comcast in its motion (in Pacer) to dismiss said when its contract with Viamedia to support ad representative services in Chicago and Detroit expired in 2012, Comcast exercised its right to compete for cable companies' business in those markets. But Comcast said "it long has been settled that the antitrust laws do not compel a business to deal with its competitors," saying it and Viamedia "had an established pattern of competing, not cooperating, outside of Chicago and Detroit." Instead, it said, Viamedia is trying to use the court to put in place a perpetual contract, "but the antitrust laws require no such result, which would plainly reward complacency rather than industry." Viamedia didn't comment Monday.