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2nd Circuit Reinstates Antitrust Claim Against Online Music Providers

Jan 15, 2010, 00:02 (0 Talkback[s])
(Other stories by Mark Hamblett)


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"The 2nd U.S. Circuit Court of Appeals on Wednesday said the pleadings of music purchasers were sufficient for plaintiffs to pursue their Sherman Act claim against companies who control more than 80 percent of music sold as digital files.

"The decision in Starr v. Sony BMG Music Entertainment, 08-5637-cv, was made by Judges Jon O. Newman, John M. Walker Jr. and Robert N. Katzmann. Katzmann wrote the opinion.

"The amended complaint before Southern District of New York Judge Loretta Preska, who had received 28 actions from the Judicial Panel on Multidistrict Litigation, charged the defendants "restrain the availability and distribution of Internet Music, fix and maintain at artificially high and non-competitive levels the prices at which they sold Internet Music and impose unreasonably restrictive terms in the purchase and use of Internet Music."

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