DOJ Seeks Oral Argument Time in Viamedia/Comcast Antitrust Fight Before 7th Circuit
When Comcast and Viamedia have oral argument Feb. 7 in Viamedia's appeal before the 7th U.S. Circuit Court of Appeals, DOJ wants five minutes to address the proper standard for refusal-to-deal claims under the Sherman Act's Section 2, the agency…
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said Friday in a docket 18-2852 unopposed motion (in Pacer). In an amicus brief (in Pacer) filed Nov. 8 in support of neither side, Justice said the 7th Circuit and Supreme Court have been clear that a monopolist's refusal to deal with a competitor violates Section 2 only in limited circumstances. It said the 7th Circuit should make clear a refusal to deal isn't actionable under Section 2 unless that refusal makes no economic sense except as a way to eliminate to lessen competition. Viamedia is appealing a U.S. District Court's rejection of antitrust claims involving Comcast's refusal to deal with the ad rep services competitor over Comcast-owned interconnects (see 1812270041).