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Supply Side

Appeals Court Revives DirecTV's Antitrust Lawsuit Against Nexstar

SN
SOS. News Desk
Dec 20251 min read
Appeals Court Revives DirecTV's Antitrust Lawsuit Against Nexstar

A federal appeals court revived DirecTV’s antitrust lawsuit against Nexstar Media Group, ruling the satellite provider has standing to sue over an alleged price-fixing scheme involving retransmission fees. The decision overturns a lower court's dismissal, reigniting a high-stakes legal battle with major implications for the TV industry.

  • The sidecar scheme: DirecTV accuses Nexstar of using "sidecar" companies, Mission Broadcasting and White Knight Broadcasting, to evade federal ownership limits and illegally coordinate fee negotiations. The lawsuit claims this conspiracy led to a prolonged blackout of nearly 30 local stations in October 2022 after the broadcasters synchronized their demands for artificially high fees.

  • A legal plot twist: A district court judge had previously tossed the case, concluding DirecTV had no standing because it never paid the higher prices. The appeals court, however, saw it differently, ruling that the financial harm from subscribers canceling service was a "cognizable antitrust injury." The court stated that "lost profits from a reduction in output" are a direct result of the alleged conspiracy.

  • Drawing battle lines: DirecTV's Chief Legal Officer, Michael Hartman, said Nexstar’s actions have made a "mockery of existing broadcast ownership rules." Nexstar responded that it "respectfully disagree[s] with the ruling" and stands by the lower court's original dismissal. The dispute highlights the contentious business of retransmission fees, which have become a primary driver of rising cable bills for consumers.

The case now returns to the lower court, where a potential victory for DirecTV could challenge the legality of "sidecar" agreements across the industry and reshape how broadcasters negotiate with pay-TV providers. The legal fight comes as Nexstar's CEO is actively lobbying Congress to eliminate broadcast ownership rules. Audio of the case's oral arguments is available online, providing context for the original March 2024 dismissal that this new ruling overturns.

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