Comcast

Behrend, et al. v. Comcast/ Kristen v Comcast/ Rogers v Comcast

Keller Rohrback serves on the Executive Committee of these class actions brought on behalf of cable television subscribers in Boston, Chicago, and Philadelphia. The actions allege that the owners of certain cable systems illegally conspired to monopolize various city cable markets through the device of illegally “swapping” territories. These swapping agreements, in concert with other acts, amounted to agreements to allocate territories and markets designed to avoid meaningful competition, thereby allowing defendants to overcharge consumers for certain cable television services in those urban markets.  The cases have been consolidated before Judge Padova in the Eastern District of Pennsylvania.  While certain decisions have been issued in Kristen (Boston) and Rogers (Chicago), in general, Judge Padova has stayed those cases pending resolution of various issues in the Behrend (Philadelphia) case.

Judge Padova has rejected defendants’ efforts to have these cases dismissed. 

In an important decision the First Circuit affirmed Judge Padova’s decision refusing to require that the class’s antitrust claims be submitted to arbitration as Comcast asserted was required by the fine print of their service agreements. 

Judge Padova has certified the class in the Rogers (Chicago) matter and in the Behrend (Philadelphia) matter.  The Behrend class certification order was affirmed by the Third Circuit Court of Appeals in a published decision (a decision on certification of the Kristen (Boston) matter is stayed pending various decisions in the other cases).