United States Second Circuit

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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

  • Decided
  • Published 2016/09/02




  • United States Second Circuit


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