AAI Urges Ninth Circuit to Rehear Cable Bundling Case (Brantley v. NBC Universal)

AAI filed an amicus brief urging the Ninth Circuit to reverse its decision holding that vertical restraints are only actionable when they exclude competitors from the market or support a horizontal cartel. AAI’s brief argued that the Court ignored the law and economics providing that vertical restraints may have have collusive anticompetitive effects without a horizontal agreement and that tying agreements may be unlawful without significantly foreclosing rivals.

The brief was written by AAI Director of Legal Advocacy Rick Brunell.