C-SPAN: Sky Angel Suit Has No 'Plausible' Sherman Act Elements

C-SPAN suggests that while Sky Angel's antitrust complaint against the cable industry-backed public affairs net "bristles with indignation," it has combed Sky Angel's complaint in vain for plausible Sherman Antitrust elements "sufficient to avoid dismissal."

C-SPAN made its case for dismissal of the complaint once again in reply comments to a D.C. District Court. "Sky Angel's arguments with respect to C-SPAN and some unnamed number of cable companies whose employees sit on C-SPAN's board of directors, and their degree of control (or lack thereof) over C-SPAN, are inconsistent and contradictory," said C-SPAN, according to a copy of the filing. "And, inexplicably, Sky Angel's Opposition disclaims the core allegations of conspiracy and market power that are essential elements of the two Sherman Act counts in its Complaint. Such inconsistent and contradictory pleading is itself a basis for dismissal."