Simpson Thacher Obtains Ninth Circuit Affirmance of Dismissal of Antitrust Suit Against Viacom
04.02.12
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On March 30, 2012, the Ninth Circuit Court of Appeals affirmed the dismissal of an antitrust lawsuit brought against the largest television programmers and distributors in the United States, including Simpson Thacher client Viacom. The action, initially filed in December 2007, alleged that the defendants violated the Sherman Act by offering only “pre-packaged tiers” of cable programming and by refusing to allow customers to order channels on an à la carte basis. In affirming the lower court’s decision, the Ninth Circuit ruled that the complaint did not sufficiently allege injury to competition where there is no allegation of other programmers being foreclosed from the market.
The Simpson Thacher attorneys representing Viacom on this matter are Ken Logan, Joe Tringali, Paul Sirkis and Peri Zelig.