Chronicle Publishing Co. v. National Broadcasting Co.

In these two cases, consolidated for our consideration, Chronicle Publishing Company challenges the propriety of an order of the district court staying further proceedings in a private antitrust action brought by Chronicle against National Broadcasting Company. In case number 17208 the challenge is by direct appeal and the matter is before us upon appellee’s motion to dismiss the appeal upon the ground that it is taken from a nonappealable order. In case number 17277 the challenge is by petition for writ of mandamus directing the district court to vacate its stay order and permit proceedings in the case below to continue.

NBC has entered into a contract to acquire from San Francisco-Oakland Television, Inc., its television station KTVU. The Chronicle owns station KRON-TV, which has for years been the San Francisco outlet for NBC programs. Should NBC acquire KTVU, that station as a matter of course will become the NBC outlet for the San Francisco area. The Chronicle will lose that valuable connection.

In the case below Chronicle alleges that NBC has, in violation of §§ 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1 , 2, engaged in a course of conduct designed to suppress…