9th Circ. Won't Revive Tying Suit Against NBC, Others

Law360, New York (June 3, 2011, 7:04 PM EDT) -- The Ninth Circuit refused Friday to revive a proposed class action trying to force television programmers and pay-TV providers to sell channels individually, ruling the plaintiffs had not accused the companies of harming competition.

A three-judge panel affirmed a California court's 2009 dismissal of the suit, concluding the consumers' allegations — that content providers' refusal to sell their highly sought-after channels to distributors separately barred them from allowing consumers to subscribe to channels a la carte — did not add up to an antitrust injury under...
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