Wednesday, November 2, 2011
The Ninth Circuit has withdrawn its opinion in Brantley v. NBC Universal, the "cable channel" ruling, in which it held that the cable industry's practice of "bundling" did not injure consumers--thus, the consumer plaintiffs failed to state a claim under the Sherman Antitrust Act. The court stated that the lawsuit was instead a "consumer protection class action masquerading as an antitrust action."
The Court seems to have decided to withdraw its opinion after it received an enormous number of amicus petitions to reconsider the ruling. See more discussion here (National Law Journal, registration required, free).