Morrison

I. Introduction

The question presented by this appeal is whether provisions of California’s antitrust law prohibiting anticompetitive “tying” practices are preempted by federal law regulating the cable television industry. The trial court found that appellants’ state law antitrust claims against a cable operator were preempted and sustained a demurrer to their complaint, without leave to amend. We disagree and reverse the judgment.

II. Statement of Facts

On September 22,1994, appellants filed an antitrust action against respondent, Viacom, Inc., seeking damages and injunctive relief. Appellants are alleged representatives of a class consisting of all persons who have purchased cable television services in San Francisco or Marin County from respondent during the four years prior to the filing of their complaint. The complaint charges respondent with violating California’s Cartwright Act by restraining trade in the San Francisco and Marin county markets for cable television services.

According to the complaint, respondent offers customers three distinct categories of services: (1) broadcast channels, consisting of local television channels concurrently available over the…