Tenth Circuit Upholds a Denial of Nationwide Class Certification in a Cable Set-Top Box Antitrust Suit

In Gelder et al. v. CoxCom Inc. et al., Tenth Circuit denied a motion to appeal a denial of a nationwide class certification, requested by customers of Cox Communications Inc. in an antitrust suit, accusing Cox of illegally tying set-top boxes to its cable services.  In their suit, the customers claimed that Cox violated the Cable Television Consumer Protection and Competition Act, and state consumer protection laws, by requiring customers to accept a set-top box to access the full range of their cable subscription without informing them that they would be charged an additional monthly fee for the box.  In December, an Oklahoma District Judge denied nationwide class certification to the plaintiffs, holding that differences in the competitive landscapes of local cable markets would make it impossible to evaluate the suit’s antitrust claims on a nationwide basis.  The Tenth Circuit appeals panel denied the customers’ petition to appeal the District Court’s ruling because the customers had not met the standards laid out in the Tenth Circuit’s 2009 ruling in Vallario v. Vandehey, which set the court’s guidelines for accepting an appeal of an order denying or granting class certification.

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