FSN Philadelphia / CSN philly bidding war for Phillies
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11-25-2013, 03:43 AM
Join Date: Apr 2012
Originally Posted by
The court didn't say that Comcast wasn't violating anti-trust laws. In a class action lawsuit, you have to certify a class. A class has to meet certain criteria, one of them is calculating damages. In this case the proposed plaintiffs put forth a bunch of legal theories as to why Comcast was violating the anti-trust laws. The District Court basically said only one of them was valid. The Supreme Court (after it went to the appelate level) basically said that the damages were not able to be calculated accurately so the class can't be certified. The reason being that the measure of damages used by the plaintiffs included all of the legal theories originally put forth.
Think of this way:
Plaintiffs say Defendant is violating the Sherman Anti Trust Act for reasons A, B, C, and D. You calculate your damages based on reasons A, B, C, and D. The trial court certifies a class, but says reasons A, B, and C are not valid. That leaves you with a class who can only pursue damages under reason D. The Supreme Court says that doesn't fly because your damages included reasons A, B, and C as well. The class needs to certify that the damages are based only on reason D because that is the only potential viable legal theory upon which they will be successful.
That doesn't mean all is lost. They can still certify a class, they just have to prove that their damages are common and based on the remaining theory (which has to do with what Comcast's actions reducing the number of what are termed "overbuilders", or companies that build competing cable networks in areas where an incumbent cable company already operates). The withholding of sports channels from satellite providers was one of the reasons that got thrown out. (
Nicely explained. Whether you want to accept that damages is a proper reason for rejecting class certification, the majority seemed to to do it in this case without establishing any far reaching precedent. That said, all in all, I'd bet a lot that the Phillies resign with Comcast.
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