* Comcast accused of monopolizing Philadelphia cable TV
* Lower court allowed customers to pursue class-action
* Supreme Court decision likely in 2012-2013 term
By Jonathan Stempel
WASHINGTON, June 25 The U.S. Supreme Court
agreed to review Comcast Corp's appeal of a ruling
that let cable TV subscribers in the Philadelphia area sue as a
group over alleged overcharges stemming from an effort to
monopolize that market.
In a brief order on Monday, the nation's highest court said
it will consider whether a trial court may certify a case as a
class-action without first determining whether plaintiffs have
introduced admissible evidence, including expert testimony, to
justify awarding damages to the class as a whole.
Comcast, the largest U.S. cable company, had argued that the
subscribers, who live in Pennsylvania, New Jersey and Delaware,
did not have enough in common to sue as a group.
Class-action lawsuits can help plaintiffs recover more money
and save on legal costs by not forcing them to sue individually.
The Supreme Court in its 2010-2011 term narrowed the ability
of various plaintiffs to bring such lawsuits, in separate
unrelated rulings involving AT&T Inc and Wal-Mart Stores
In the Comcast case, which was first brought in 2003,
several subscribers accused the Philadelphia-based company of
amassing a dominant position through a strategy, begun five
years earlier, of buying rivals or swapping coverage areas,
resulting in a "clustering" of services.
They said this allowed Comcast to triple its market share in
the Philadelphia area, which peaked at 77.8 percent in 2002, and
charge excessive prices, violating federal antitrust law.
In a decision last August, a panel of the 3rd U.S. Circuit
Court of Appeals in Philadelphia ruled a trial judge had
discretion to decide whether the plaintiffs would eventually be
able to establish a common methodology to quantify damages, and
that antitrust violations led to higher class-wide costs.
It said that to require more would essentially turn judges
into juries, and "runs dangerously close to stepping on the toes
of the Seventh Amendment by preempting the jury's factual
findings with our own."
The Supreme Court is expected to hear arguments and decide
the Comcast case in its next term, which begins in October.
The case is Comcast Corp et al v. Behrend et al, U.S.
Supreme Court, No. 11-864.