Morrison

I. Introduction

This is the second appeal in this antitrust action against Viacom, Inc., a supplier of cable television, by several of Viacom’s customers. In the first appeal, we held that the superior court erroneously sustained a demurrer to appellants’ complaint because the antitrust claims alleged therein were only partially preempted by federal law regulating the cable industry. (Morrison v. Viacom, Inc. (1997) 52 Cal.App.4th 1514 [ 61 Cal.Rptr.2d 544 ] (Morrison I).)

After our ruling in Morrison I, the superior court sustained Viacom’s motion for judgment on the pleadings on the ground appellants’ original complaint, filed September 22, 1994, failed to allege a cause of action under the Cartwright Act. Thereafter, the trial court sustained a demurrer to the first amended complaint, filed August 29, 1997, on the same ground. In this appeal, appellants contend they have alleged sufficient facts to support their claim that Viacom’s business practices constitute illegal tying, a per se violation of both section 16720 and 16727 of the Cartwright Act. (Bus. & Prof. Code, §§ 16720, 16727.) Alternatively, appellants argue the trial court abused its discretion by denying…