Antitrust Law Daily Wrap Up, ANTITRUST—S.D.N.Y.: Comcast preserves arbitration rights in baseball territorial restrictions suit, (Jul 28, 2015)

By Greg Hammond, J.D.

Comcast Corp. and consumers of baseball telecasts have agreed that Comcast has not waived any rights to compel arbitration in an antitrust class action alleging that Comcast, Major League Baseball (MLB), and DIRECTV engaged in a conspiracy to impose territorial broadcasting restrictions on telecasts of baseball games. The federal district court in New York City granted the parties’ stipulated order to defer disputes over arbitration, pending a decision on the parties’ separate petitions for appellate review of an order partially granting class certification (Garber v. Office of the Commissioner of Baseball, July 27, 2015, Scheindlin, S.).

The court previously certified a class seeking injunctive relief, but denied certification of a class seeking damages. Comcast and DIRECTV filed a petition to appeal the order certifying a class, and the consumer plaintiffs filed a petition for permission to appeal the court’s order denying class certification. The parties subsequently reached an agreement to defer Comcast’s motion to compel arbitration and stay claims against absent class members.

Under the stipulated order to defer disputes over arbitration, Comcast may bring any motion to compel arbitration or stay claims against absent class members within 30 days after the latest of: (1) any new decision on class certification after a decision by the appellate court; (2) any decision issued by the appellate court after granting the petitions for review; and (3) a decision from the appellate court declining to grant the petitions.

The case is No. 12-cv-3704 (SAS).

Attorneys: Edward Diver (Langer, Grogan & Diver, P.C.) for Plaintiffs. Arthur J. Burke (Davis Polk & Wardwell LLP) for Comcast Defendants. Alexandra M. Walsh (Paul, Weiss, Rifkind, Wharton & Garrison, LLP) for the Office of the Commissioner of Baseball, Major League Baseball Enterprises Inc.

Companies: Office of the Commissioner of Baseball; DIRECTV; Comcast Corp.

Cases: Antitrust NewYorkNews