In re: Cox Enterprises, Inc., 871 F.3d 1093 (10th Cir. Sept. 19, 2017).
Sep 19, 2017
This appeal arose out of a class action suit alleging that Cox Communications, a cable service provider, had illegally tied its premium cable services, such as interactive program guides, pay-per view programming, and recording or rewinding capabilities, to its own set top box, in violation of the Sherman Act. The Tenth Circuit affirmed, holding that there was insufficient evidence that the tie of services to the set top box had foreclosed a substantial volume of commerce, as the tie didn’t foreclose any commerce, nor did it prevent or discourage other competitors from entering the market.