Broadcasters Seek En Banc Review of DirecTV Antitrust Standing
Petitioner-appellees Nexstar, Mission Broadcasting and White Knight Broadcasting are asking the 2nd U.S. Circuit Court of Appeals for rehearing en banc of its finding that DirecTV has antitrust standing to sue the three companies for an alleged price-fixing conspiracy (see…
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2512160032). As the dissent by 2nd Circuit Judge Richard Sullivan pointed out, the finding in DirecTV's favor is "the first of its kind and conflicts with this Court's precedents," the broadcasters petitioned last week (docket 24-981). En banc review "is thus necessary to secure and maintain uniformity of the Court's decisions internally and among the Courts of Appeals." The broadcasters said the two-judge majority in the 2nd Circuit panel has extended the antitrust standing doctrine "beyond the limits imposed by every authority to date," incentivizing abuse.