2nd Circuit Says DirecTV Has Antitrust Standing in Nexstar Litigation
DirecTV has standing to pursue antitrust claims against Nexstar, Mission Broadcasting and White Knight Broadcasting, the 2nd U.S. Circuit Court of Appeals said Tuesday (docket 24-981). Judges Denny Chin and Steven Menashi reversed a District Court ruling that DirecTV lacked antitrust standing and remanded the case. They said lost profits from a reduction in output is a cognizable injury, and DirecTV has made a plausible case that it lost profits from a price-fixing conspiracy by the broadcasters.
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DirecTV has accused Mission and White Knight of conspiring with Nexstar to overcharge the MVPD in retransmission negotiations. DirecTV appealed the case after the U.S. District Court for Southern New York granted a motion from Mission to dismiss it over DirecTV’s standing (see 2412100048).
In their opinion, Chin and Menashi said Judge Richard Sullivan dissented, but his dissent wasn't immediately available.