July 24 (Reuters) - The U.S. Justice Department has
asked a federal appeals court to reinstate 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.
In a friend-of-the-court brief filed Tuesday with the 2nd
U.S. Circuit Court of Appeals, the DOJ argued that a lower
federal judge applied the wrong legal framework in a March order
dismissing DirecTV's lawsuit against Nexstar, Mission
Broadcasting and White Knight Broadcasting.
The department said it was not taking sides in the lawsuit
and did not offer a view on who should prevail. It argued that
the 2nd Circuit should return the case to the trial court to
reconsider its decision, mirroring arguments from DirecTV.
DirecTV had no immediate comment, and Nexstar, the country's
largest third-party owner or operator of television stations,
did not immediately respond to a request for one. Mission
declined to comment and White Knight could not be reached.
DirecTV and other subscription television program providers
pay retransmission fees to station owners such as Nexstar in
order to distribute their programming.
The lawsuit, filed last year, said the defendants violated
antitrust law by depriving DirecTV "of a fair competitive
process that has resulted in higher prices being demanded of it
and lost profits."
DirecTV said it would not pay inflated prices, and so did
not renew some license agreements and lost access to broadcast
stations, subscribers and revenue.
In his order dismissing the lawsuit, U.S. District Judge
Kevin Castel in Manhattan ruled DirecTV could not tie any losses
it suffered to the alleged antitrust conspiracy. He said DirecTV
had not paid inflated fees because it "made the unilateral
decision to abandon" negotiations.
The Justice Department's brief to the 2nd Circuit said
Castel's order was "unduly narrow" and that the harm of alleged
price-fixing schemes could be more than just paying inflated
fees. Other harms include diminished quality and output.
The government's brief said DirecTV's loss of contract
renewals, for instance, could be considered an antitrust injury.
DirecTV is seeking damages for lost revenue and a court
order barring the defendants from conspiring on future contract
negotiations.
The case is DirecTV LLC v. Nexstar Media Group Inc ( NXST ), 2nd U.S.
Circuit Court of Appeals, No. 24-981.
For DirecTV: Olivier Antoine, Amanda Shafer Berman and
Jordan Ludwig of Crowell & Moring
For Nexstar: Lauren Willard Zehmer and David Haller of
Covington & Burling
Read more:
US judge dismisses DirecTV lawsuit against Nexstar, other
station owners