Business Groups Urge Rehearing Comcast Antitrust Decision

The 7th U.S. Circuit Court of Appeals needs to make clear that refusal-to-deal claims end at the pleading stage when the defendant’s conduct serves a rational pro-competitive purpose, said the U.S. Chamber of Commerce. Monday's amicus brief (docket 18-2852, in Pacer) supported Comcast's rehearing/en banc request. The Chamber said the 7th Circuit reversing lower court dismissal of antitrust claims against Comcast (see 2002260020) conflicts with Supreme Court and 9th, 10th and 11th Circuit decisions. In an amicus brief last week, the Washington Legal Foundation said the 7th Circuit's "expansion of refusal-to-deal liability is ... a big step away from economically sound antitrust law." Outside counsel for plaintiff Viamedia, which sued Comcast over being forced out of several interconnect advertising markets, didn't comment.