United States Second Circuit
In re Set-Top Cable Television Box Antitrust Litig., 11-2512
In an antitrust action, alleging that Time Warner's requiring consumers to lease cable boxes in order to receive a package of television channels violates the Sherman Act, 15 U.S.C., section 1, the district court's dismissal is affirmed where plaintiff's third amended complaint fails to: 1) plausibly allege that the cable boxes are a separate product from the premium cable channels; and 2) plausibly allege defendant's market power in the particular product and geographic markets defined in the complaint.
Appellate Information
- Published 2016/09/02
Judges
- WINTER and CHIN
Court
- United States Second Circuit