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Comcast Monopoly Class Action Lawsuit Continues

By Matt O’Donnell

 

ComcastComcast customers won a huge victory last week when a federal appeals court refused to de-certify a class action antitrust lawsuit that claims Comcast set out to establish a monopoly in the Philadelphia market. Comcast is facing similar class action lawsuits alleging it set out to monopolize the Boston and Chicago area markets as well, but those cases are on hold pending the outcome of the Philadelphia case.

 

The Philadelphia Comcast class action lawsuit, entitled Behrend v. Comcast Corp., alleges that Comcast and its would-be competitors struck a series of deals in which they “swapped” assets and customers so that each company would have “clusters” or markets. Those deals gave Comcast monopoly power, the class action lawsuit says, because it allowed its market share of Philadelphia subscribers to increase from 23.9% in 1998 to 77.8% by 2002.

 

The Comcast monopoly class action lawsuit faced a series of hurdles after it was certified in May 2007, including Comcast’s repeated moves to de-certify it based on the 2008 decision in In re: Hydrogen Peroxide Antitrust Litigation, which created a new, more rigorous test for class certification.

 

In January 2010, the Comcast monopoly case was certified again, but significantly pruned. Comcast once again tried to have it de-certified by arguing that it still did not meet the Hydrogen Peroxide test. However, the 3rd Circuit last week upheld the 2010 decision, finding that the Plaintiffs have a valid theory that is capable of proof at trial through evidence that is common to the class rather than individual to its members.

 

“Nothing in Hydrogen Peroxide requires Plaintiffs to prove their case at the class certification state,” Senior U.S. Circuit Judge Ruggero J. Aldisert wrote.

 

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Updated September 1st, 2011

 

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3 Comments

  • Anonymous March 3, 2012

    WE need a class action lawsuit against comcast in Alexandria VA 22311. Comcast is playing the alpha wolf around here.

  • Anonymous May 9, 2012

    How do I join the suit in Boston,MA?

  • Radar Johnson August 12, 2013

    I live in Kirkland, WA (Seattle Area) I have no other cable option. Dish wont work well here due to weather and mountains. Investigate here.

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