Media Coverage
Source: Communications Daily
Media Coverage
03.11.13
Scott Flick, a partner in Pillsbury’s communication practice in Washington, D.C., is quoted in an article on Cablevision’s complaints that Viacom abused market power over “commercially critical” networks. Cablevision alleged that Viacom forced it into carrying 14 networks that its customers don't watch in order to carry core networks, like MTV and Comedy Central.
Flick, who doesn't represent either company, stated that it would be very difficult to get the contract between the companies modified based on Cablevision’s complaint. Cablevision is claiming they signed a contract of adhesion, where "one side has so much negotiating power that the other side basically just had to sign what was put in front of them," he said. "You get the impression that the deal that was negotiated is one that Cablevision's not happy with at the end of the day."
Determining whether programming is "commercially critical" could be tricky for a court, Flick added. "I'm not sure if we've established yet if there's such a thing as video programming you can't live without…A court would be trying to determine what is something that is so close to being just vital to continuing your business that the entity providing it has complete and total market power.”