AT&T Exclusive Phone, TV, Internet Deals with Apartment Buildings Not Anticompetitive

The Fifth Circuit has rejected a class challenge to AT&T exclusive dealing agreements with buildings to provide a so-called Triple Play of telephone, internet, and television services. The court rejected the claim on the ground that the plaintiffs allegation that a single apartment building could constitute a relevant geographic market was too narrow. Although plaintiffs living in the affected building had no choice of service, the court held that sufficient competition exists to prohibit a finding that a single building could be economically significant. Buildings compete for tenants and communications service providers compete to serve buildings. “[G]iven the highly mobile nature of today’s society,” the Court held, sufficient competition exists in a broader market to protect consumer interests.

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