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US: Viacom motions to dismiss landmark cable TV case, cites Brantley case

By  |  May 8, 2013

A lawsuit that has potentially major implications for the nation’s cable television market has been motioned for dismissal by defendant Viacom. The case, initiated by cable company Cablevision, alleges that network owner forced anticompetitive fines on Cablevision, threatening the company with a ten-figure fine if Cablevision did not license lesser-watched networks in addition to popular ones. In response, Viacom motioned to have the case dismissed on Wednesday, denying accusations that the company has taken part in per say illegal tying and bundling. Further, Viacom is accusing Cablevision of contradicting itself in its arguments of this case, compared with arguments made in the past to the regulators the Federal Communications Commission and the Securities and Exchange Commission. As an example, Viacom highlights last year’s Brantley v. NBCU case, in which Cablevision was a defendant; the Ninth Circuit Court of Appeals ruled that tying arrangements do not necessarily harm competition.

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