Antitrust & Trade Reg.
Apr. 13, 2012
Brantley v. NBC Uni: tying consumers' hands in bringing antitrust tying claims
The 9th Circuit had made clear that plaintiffs must plead that tying affects a very specific type of competition. By Clifford H. Pearson and Alexander R. Safyan of Pearson, Simon, Warshaw & Penny LLP
The 9th Circuit's March 30 decision in Brantley v. NBC Universal, Inc., 2012 DJDAR 4215 (Mar. 30, 2012), has significant implications for consumers bringing tying claims under federal antitrust law. Brantley affirmed a district court's dismissal of a putative class action brought by consumers of cable and satellite television against television programmers and distributors. The plaintiffs allege...
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