March 20 (Reuters) - A judge in Manhattan has dismissed
a lawsuit by satellite television provider DirecTV accusing
Nexstar Media ( NXST ) and two other television station owners of
scheming to drive up retransmission fees for distributing
content to viewers.
U.S. District Judge Kevin Castel in Manhattan federal court
ruled on Wednesday that DirecTV's lawsuit was "speculative" and
that the company could not tie any losses it suffered to the
alleged antitrust conspiracy.
Companies like DirecTV pay retransmission fees to station
owners such as Nextstar, the country's largest owner or operator
of television stations, in order to distribute their
programming.
DirecTV said in its lawsuit last year that Nexstar and
station owners Mission Broadcasting and White Knight
Broadcasting violated antitrust law by depriving it "of a fair
competitive process that has resulted in higher prices being
demanded of it and lost profits."
DirecTV in a statement said the court's ruling "sets a
dangerous precedent that a victim of price-fixing needs to pay
the inflated price before it can make a claim in court."
Mission Broadcasting said "we look forward to resuming talks
with DirecTV to restore our local television stations to the DTV
platforms." Nextstar and White Knight were not immediately
reached for comment.
The defendants had denied any wrongdoing.
Nextstar, Mission Broadcasting and White Knight Broadcasting
own television stations that are affiliated with ABC, CBS, Fox
and NBC. Nexstar previously owned Mission and White Knight's
stations.
Twenty-seven stations owned by Mission and White Knight
became unavailable in 2022 for DirecTV customers after it failed
to agree on retransmission fees. DirecTV claimed it lost
subscribers because of the blackouts.
DirecTV, which is 70% owned by AT&T, never paid the
allegedly inflated retransmission fees by Mission Broadcasting
and White Knight Broadcasting, Castel wrote, because it "made
the unilateral decision to abandon" the negotiations.
Castel said DirecTV's "losses therefore flow from its own
choice to exit the market."
DirecTV had contended that its lost profits were enough to
sustain its claim that it suffered an injury under antitrust
law.
The case is DirecTV LLC v. Nextstar Media Group Inc et al,
U.S. District Court for the Southern District of New York, No.
1:23-cv-02221-PAC.
Read more:
DirecTV sues Nexstar, station owners over retransmission
fees