Court Tests Too Demanding, AIA/PK Say in Viamedia Amicus Brief
U.S. District Court in Chicago wrongly dismissed Viamedia's refusal-to-deal claim vs. Comcast (see 1808210001) with an "overly demanding test," the American Antitrust Institute (AIA) and Public Knowledge said in a docket 18-2852 amicus brief (in Pacer). Filed last week with…
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the 7th U.S. Circuit Court of Appeals, AIA/PK said Comcast needs to prove, not just posit, its alleged pro-competition justification for not renewing spot advertising sale interconnect agreements with Viamedia. They said the court was overly demanding in standards for Viamedia to avoid summary judgment on its antitrust claim when it demanded evidence tending to exclude the possibility a defendant engaged in lawful conduct. Comcast outside counsel didn't comment Monday.