Communications Litigation Today was a Warren News publication.

DirecTV to Appeal Judge’s Dismissal of Its Antitrust Complaint vs. Nexstar

DirecTV is appealing to the 2nd U.S. Circuit Appeals Court the March 20 order granting the motion of Nexstar Media Group and two sidecar companies, Mission Broadcasting and White Knight Broadcasting, to dismiss DirecTV’s antitrust complaint for lack of antitrust standing (see 2403210027), said DirecTV’s notice of appeal Friday (docket 1:23-cv-02221). U.S. District Judge Kevin Castel for Southern New York in Manhattan also denied DirecTV’s motion for oral argument on the motion to dismiss. The year-old complaint alleged that Nexstar, Mission and White Knight colluded to set retransmission consent agreement fee prices. The judge concluded that the complaint adequately alleged DirecTV’s Article III standing but didn't “plausibly allege standing under the antitrust laws” because DirecTV didn’t enter into a retransmission consent agreement with Mission or White Knight, which would have required it to pay allegedly supracompetitive fees.