Supreme Court Rules in Favor of Comcast

March 27, 2013

In a 5--4 decision, the U.S. Supreme Court ruled in favor of Comcast Corporation in Caroline Behrend et al. v. Comcast Corporation, an antitrust lawsuit alleging monopolization in the Philadelphia cable television market. The Court addressed the question of whether "a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a classwide basis." Overturning two lower court decisions, the Court decertified the class, explaining that "[b]y refusing to entertain arguments against respondents' damages model that bore on the propriety of class certification, simply because those arguments would also be pertinent to the merits determination, the Court of Appeals ran afoul of our precedents under the proper standard for evaluating certification." Managing Principal Tasneem Chipty testified on behalf of Comcast, addressing issues related to damages and requirements for class certification. Dr. Chipty recently discussed the class certification issues raised in the case at a meeting of the New York State Bar Association's (NYSBA) Antitrust Section.

Read the decision

View the NYSBA presentation