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Searching Content by Jennifer Scullion ordered by Published Date Descending.
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New York Court Dismisses Antitrust Defense To Breach Of Distribution Contract
Your client is sued for failure to pay on a contract and says it shouldn't have to pay because the prices were fixed by a cartel or that it was strong-armed into paying for a "bundle" of services or distribution channels even though it only wanted a subset of the bundle. Is that a defense?
United States
25 Oct 2016
2
New York Rejects Antitrust Defense To Breach Of Distribution Contract
Your client is sued for failure to pay on a contract and says it shouldn't have to pay because the prices were fixed by a cartel or that it was strong-armed into paying for a "bundle" of services or distribution channels.
United States
19 Oct 2016
3
It's Not An Illusion! DISH Not Required To Give Credit When Channels Go Dark
Expanded Basic. Choice. Choice Plus. Cable and satellite TV customers pay monthly fees for bundled channel packages of different sizes.
United States
18 Oct 2016
4
Second Circuit Blazes New Trail In Set-Top Box Cases: Cable Service And Boxes Are Not Separate Products
Since 2008, cable customers have been suing cable operators across the country claiming operators violate the antitrust laws by forcing customers to lease set-top boxes from the operator to access "premium" cable services.
United States
9 Sep 2016
5
FCC Media Bureau Clarifies Broadcasters' Negotiation Remedies
Negotiations between television channels/networks and pay TV operators are a breed apart. The stakes are high and the consequence of failure – a "dark" screen – is all too public.
United States
7 Sep 2016
6
Of "Lunch Stands And Merry-Go-Rounds": Ninth Circuit's Rejection Of FTC Authority Over "Throttling" Could Have Far Reaching Implications For Cable And Other Broadband Providers
On August 29th, a Ninth Circuit panel unanimously held that the FTC has no power to challenge "throttling" of unlimited data plan customers by mobile broadband providers as an "unfair or deceptive act."
United States
7 Sep 2016
7
Switching Consumer Device To Ad-Supported Environment Is Not Deceptive Under New York Law
If your company sells a smart device to a consumer, can it later turn the device into a paid advertising platform?
United States
18 Aug 2016
8
Cable Network May Proceed With Claims Against Distributor On Theories Beyond Written Contract
2015 and 2016 saw a wave of transactions among cable, satellite, and other linear programming distributors: AT&T & DirecTV, Altice and Suddenlink, etc.
United States
17 Aug 2016
9
"Red Herring" Or "Alternate [U-verse]"? Court Allows Cable Network To Go Beyond Written Contract In Claims Against Distributor
2015 and 2016 saw a wave of transactions among cable, satellite, and other linear programming distributors: AT&T & DirecTV, Altice and Suddenlink, etc.
United States
15 Aug 2016
10
When Are Universities And Executive Agencies "State Actors" For Antitrust Immunity?
More than fifty years ago, the Supreme Court formalized the "state-action antitrust immunity" doctrine ─ a judge-made rule that certain state governmental conduct is immune from challenge under the federal antitrust laws.
United States
27 Jun 2016
11
Express Yourself! Ongoing Split Over Class Arbitration Points To Importance Of Clear Provisions
Despite the numerous Supreme Court decisions limiting class arbitrations, one central issue remains undecided: who decides whether an arbitration agreement permits class arbitration, the courts or the arbitrators?
United States
26 Apr 2016
12
Program Access And Program Carriage Nearly 25 Years In, Where Do The Fraternal Twins Of Video Programming Distribution Stand?
Jennifer Scullion authored an article, Program Access and Program Carriage Nearly 25 Years In, Where Do the Fraternal Twins of Video Programming Distribution Stand?
United States
22 Apr 2016
13
Four Takeaways From The ABA Antitrust Section's 2016 Spring Meeting
Apropos of the current climate of antitrust enforcement, during the first day of events the DOJ announced that it brought suit to block the merger between Halliburton and Baker Hughes.
United States
21 Apr 2016
14
Not So Fast! Qualcomm Cannot Use "Curious Quirk" Of U.S. Discovery Law In Korean Antitrust Proceeding
A recent federal court order highlights the scope, and the limitations, of a U.S. court's authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782.
United States
11 Apr 2016
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