This case was last updated from U.S. District Courts on 05/14/2023 at 07:10:13 (UTC).

Directv, LLC v. Nexstar Media Group, Inc. et al

Case Summary

On March 14, 2023, Directv, LLC (“DIRECTV” or “Plaintiff”), represented by Olivier N. Antoine, filed an antitrust lawsuit against Nexstar Media Group Inc. (“Nexstar”), Mission Broadcasting, Inc. (“Mission”), and White Knight Broadcasting, Inc. (“White Knight”) (collectively, “Defendants”), seeking injunctive relief and damages for alleged unlawful conduct by Defendants. This case was filed in the U.S. District Court for the Southern District of New York, with Judge John G. Koeltl presiding. 

In the complaint, the plaintiff claimed, “DIRECTV is a multichannel video programming distributor (‘MVPD’) that provides its customers with satellite and streaming access to popular broadcast television programming. Mission and White Knight are known as Nexstar’s ‘sidecars’. These entities exist effectively as divestiture vehicles for Nexstar when competition concerns would forbid Nexstar from acquiring a broadcaster. Under the antitrust laws and the Communications Act, Nexstar and its sidecars are required to function as independent competitors.”

Plaintiff then alleged, “To accomplish this unlawful and anticompetitive aim, Mission and White Knight have entered into an agreement in which they have effectively relinquished decision-making authority to Nexstar, which has served as the ringleader of a conspiracy to harm competition and violate the antitrust laws. This conspiracy is evidenced in numerous ways. First, Nexstar has prohibited Mission’s and White Knight’s management teams from engaging in any direct negotiations with DIRECTV. DIRECTV’s efforts to negotiate with Mission and White Knight personnel have been repeatedly rejected or ignored.”

Plaintiff also alleged, “Sahl’s conduct during negotiations demonstrates that he answers directly to Nexstar and not to its sidecars’ purported management teams—which, in the case of White Knight, does not even appear to exist (its President has a full-time job as a lobbyist with a trade association, and its corporate headquarters is his residence) and, in the case of Mission, is composed of former Nexstar employees who do not participate in retransmission negotiations.”

The plaintiff further alleged, “Nexstar and its sidecars are so inextricably intertwined that they have ample opportunities to conspire with one another. Indeed, Nexstar includes Mission and White Knight in its public financial filings with the SEC. It does so precisely because of the many agreements with its sidecars requiring them to consult Nexstar in connection with nearly all material decisions affecting their economic performance, including budgeting, advertising sales, and hiring and firing of personnel, as asserted by Nexstar in its consolidated financial statements.”

Additionally, the plaintiff alleged, “Defendants’ conduct is unlawful. When one competitor instructs another what price to accept for its products or otherwise coordinates in its negotiations, it is straightforward price fixing and a per se violation of the antitrust laws. The The plaintiff also alleged, “Defendants’ sharing of competitively sensitive information among themselves not only furthers this price-fixing conspiracy, it is itself an additional and independent violation of the antitrust laws.”

Plaintiff presented nine claims for relief, including alleged violation of Section 1 of the Sherman Act, breach of contract, tortious interference with contract, and tortious interference with prospective economic advantage.

In the prayer for relief, the plaintiff requested injunctive relief and an award of general, treble, and punitive damages along with pre- and post-judgment interest. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:23-CV-02221

  • Filing Date:

    03/15/2023

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judge

Paul A. Crotty

 

Party Details

Plaintiff

Directv, LLC

Defendants

Nexstar Media Group, Inc.

Mission Broadcasting, Inc.

White Knight Broadcasting, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Olivier Nicolas Antoine

Connor Josef Ahearn

Jason Murray

Jerome A. Murphy

Jordan Lee Ludwig

Mara Rose Lieber

Defendant Attorneys

Christopher J. Schwegmann

David William Haller

Kyle William Chow

Stephen Obermeier

Enbar Toledano

Frank Michael Scaduto

Kan Min Nawaday

Anna G Dimon

Craig A Gilley

Elizabeth Rinehart

 

Court Documents

#1

(#6) REQUEST FOR ISSUANCE OF SUMMONS as to White Knight Broadcasting, Inc., re: #1 Complaint. Document filed by Directv, LLC..(Antoine, Olivier) (Entered: 03/16/2023)

39 #3

Text of Proposed Order Granting Motion for Admission Pro Hac Vice

39 #2

Exhibit 1 - Certificate of Good Standing (District Of Columbia)

39 #1

Affidavit of Craig A. Gilley

39 #39

Main Document

#38

(#38) NOTICE OF APPEARANCE by Frank Michael Scaduto on behalf of Mission Broadcasting, Inc...(Scaduto, Frank) (Entered: 05/05/2023)

#34

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Enbar Toledano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27698431. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) (Entered: 05/04/2023)

#33

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Stephen J. Obermeier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27698289. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) (Entered: 05/04/2023)

32 #4

Text of Proposed Order Admitting Elizabeth C. Rinehart Pro Hac Vice

32 #3

Exhibit 2 - Certificate of ood Standing (District of Columbia)

32 #2

Exhibit 1 - Certificate of Good Standing (Maryland)

32 #1

Affidavit of Elizabeth C. Rinehart

32 #32

Main Document

#31

No Description Available

#30

No Description Available

#29

No Description Available

37 More Documents Available
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Docket Entries

  • 05/11/2023
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  • Docket(#40) ORDER granting #39 Motion for Craig A. Gilley to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 05/11/2023)

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  • 05/10/2023
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Craig A. Gilley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27722758. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) (Entered: 05/10/2023)

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  • 05/10/2023
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Craig A. Gilley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27722758. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) (Entered: 05/10/2023)

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  • 05/10/2023
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  • Docket(#39) MOTION for Craig A. Gilley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27722758. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by White Knight Broadcasting, Inc.. (Attachments: #1 Affidavit of Craig A. Gilley, #2 Exhibit 1 - Certificate of Good Standing (District Of Columbia), #3 Text of Proposed Order Granting Motion for Admission Pro Hac Vice).(Gilley, Craig) (Entered: 05/10/2023)

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  • 05/05/2023
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  • Docket(#38) NOTICE OF APPEARANCE by Frank Michael Scaduto on behalf of Mission Broadcasting, Inc...(Scaduto, Frank) (Entered: 05/05/2023)

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  • 05/05/2023
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  • Docket(#37) ORDER granting #34 Motion for Enbar Toledano to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 05/05/2023)

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  • 05/05/2023
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  • Docket(#36) ORDER granting #33 Motion for Stephen J. Obermeier to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 05/05/2023)

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  • 05/05/2023
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  • Docket(#35) ORDER granting #32 Motion for Elizabeth C. Rinehart to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 05/05/2023)

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  • 05/04/2023
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Enbar Toledano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27698431. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) (Entered: 05/04/2023)

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  • 05/04/2023
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Stephen J. Obermeier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27698289. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) (Entered: 05/04/2023)

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35 More Docket Entries
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  • 03/16/2023
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  • Docket(#6) REQUEST FOR ISSUANCE OF SUMMONS as to White Knight Broadcasting, Inc., re: #1 Complaint. Document filed by Directv, LLC..(Antoine, Olivier) (Entered: 03/16/2023)

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  • 03/16/2023
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Mission Broadcasting, Inc., re: #1 Complaint. Document filed by Directv, LLC..(Antoine, Olivier) (Entered: 03/16/2023)

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  • 03/16/2023
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Nexstar Media Group, Inc., re: #1 Complaint. Document filed by Directv, LLC..(Antoine, Olivier) (Entered: 03/16/2023)

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  • 03/16/2023
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  • Docket(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DIRECTV Financing, LLC, Corporate Parent DIRECTV Financing Holdco, LLC, Corporate Parent DIRECTV Entertainment Holdings LLC, Corporate Parent TPG VIII Merlin Investment Holdings, L.P., Corporate Parent AT&T Inc., Corporate Parent DIRECTV Holdings LLC for Directv, LLC. Document filed by Directv, LLC..(Antoine, Olivier) (Entered: 03/16/2023)

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  • 03/15/2023
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  • Docket***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Olivier Antoine for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document REDACTED only #1 Complaint, #2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (gp) (Entered: 03/15/2023)

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  • 03/15/2023

  • DocketORDER REDACTING PLEADING FILED IN 23-MC-68..(gp) (Entered: 03/15/2023)

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  • 03/15/2023
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  • Docket(#2) CIVIL COVER SHEET filed..(gp) (vf). (Entered: 03/15/2023)

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  • 03/15/2023

  • DocketCase Designated ECF. (gp) (Entered: 03/15/2023)

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  • 03/15/2023

  • DocketMagistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) (Entered: 03/15/2023)

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  • 03/15/2023
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  • Docket(#1) COMPLAINT against Mission Broadcasting, Inc., Nexstar Media Group, Inc., White Knight Broadcasting, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-13962)Document filed by Directv, LLC..(gp) (vf). (Entered: 03/15/2023)

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