CORRECTED-Viacom loses bid to dismiss Cablevision bundling lawsuit

Fri Jun 20, 2014 5:06pm EDT

(Corrects quotation in paragraph 2 to read "anticompetitive effects" instead of "anticompetitive efforts")

By Jonathan Stempel

NEW YORK, June 20 (Reuters) - A federal judge on Friday rejected Viacom Inc's effort to dismiss Cablevision Systems Corp's antitrust lawsuit accusing it of forcing cable providers and subscribers to buy channels they don't want.

U.S. District Judge Laura Taylor Swain in Manhattan said Cablevision's allegations, backed by subscription and demographic evidence, that Viacom engaged in illegal "bundling" were strong enough to "support plausibly an inference of anticompetitive effects."

Cablevision had accused Viacom of engaging in "strong-armed" tactics to coerce it into paying for 14 low-rated or obscure "suite networks" if it also wanted eight "core networks," including four deemed "commercially critical": BET, Comedy Central, MTV and Nickelodeon.

It has said the alternative would have been a roughly $1 billion "penalty," and complained that Viacom's bundling practices hogged bandwidth that it could have used for more popular channels from other programmers.

In response, Viacom said bundling was a valid and longstanding industry practice, and that Cablevision's contract did not permit an "a la carte" approach to selecting channels. It also said Cablevision's legal position was the opposite of a position that the company had taken recently in a similar case.

Viacom spokesman Jeremy Zweig declined to comment immediately.

A Cablevision spokeswoman, Kelly McAndrew, also had no immediate comment.

Cablevision had also asked Swain to issue an injunction requiring Viacom to license core networks without also licensing suite networks. The judge said it was too early in the litigation to do so. Cablevision filed its lawsuit in February 2013.

Viacom is based in New York, and Cablevision in Bethpage, New York. The media industry has seen the case as a potential benchmark in the relationship between programmers such as Viacom and distributors such as Cablevision.

In Friday trading, Cablevision shares fell 6 cents to $17.38, and Viacom shares fell $1.24 to $85.76.

The case is Cablevision Systems Corp et al. v. Viacom International Inc et al., U.S. District Court, Southern District of New York, 13-01278. (Editing by Jonathan Oatis)

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