Kensington Antitrust Advisors Group

In In re: MDL 2048 Cox Enterprises Inc. Set-Top Cable Television Box Antitrust Litigation, Western District of Oklahoma Judge Robin J. Cauthron denied a motion to dismiss a proposed class action by Oklahoma City customers against Cox Communications Inc.  In this suit, originally filed as part of a nationwide multidistrict class action litigation, Cox customers claim that Cox violated the Sherman Act by forcing premium cable subscribers to rent a set-top box in order to access the full range of services to which they subscribe.  Cox moved to dismiss the suit, arguing that the plaintiffs’ definition of the Oklahoma City market where the company provides premium cable service is inadequate because it ignores competitive forces at play in the defined region.  In denying Cox’s motion to dismiss the court held that the issue of whether Cox has sufficient market power is an issue for resolution at summary judgment or on the merits and plaintiffs have met the burden necessary at this stage to pursue their claims.